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Appeal struck out

  • 26-09-2013 8:21am
    #1
    Thinly
    Registered Users, Registered Users 2 Posts: 2 ✭


    This is more a procedural question than a legal one I hope.

    We won a district court case (originally off the back of a small claims case) , and the losing party appealed it to the Circuit Court. 2 weeks to go to the hearing, the solicitor acting for the other party has contacted us informing us that he has been instructed by his client that he is withdrawing the appeal and will 'arrange for the appeal to be struck out before the court on or before the [original hearing date]'.

    The question is, do I have to be present for this to happen ? The original notification of the hearing date from the Circuit Court said that if the matter was settled 4 weeks before the date that the listing could be struck off, but any later than that and we were obliged to appear in court. So do I still have to be present in court on the original hearing date ?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    You're not absolutely required to be there where the solicitor for the other side has told you that they will be applying to have the appeal struck out.

    That said, there are a multitude of reasons why it would be a bloody good idea for you to be there.

    You can never be absolutely sure what is supposed to happen will happen unless you are there. You also cannot be sure that the correct application is being made and if you're not there to correct any mistakes, an order will be made in the terms of the application. Also, if there is a subsequent error in the order as written up and it does not suit you, you will have difficulty in remedying that.

    Importantly, the order should contain a provision for costs/expenses, depending on whether you had a lawyer or represented yourself. This can be important in ensuring you get what you are entitled to if/when money actually changes hands.


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