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Small Claims Court advice

  • 04-03-2014 12:40pm
    #1
    Yorky
    Registered Users, Registered Users 2 Posts: 1,485 ✭✭✭


    Could anyone offer some tips / advice on attending the Small Claims Court?

    It's in a rural area so it's held as part of the District Court proceedings. The case has already been adjourned by the respondent which the claimant attempted to object to but was given short shrift by the judge.

    The claimant is representing himself and has compiled a dossier - in triplicate - to bolster his claim. What is the most effective way to approach the case i.e. getting the judge to review the dossier while it being explained by the claimant.

    Also if wishing to appeal the judgement to the Circuit Court is there a procedure to follow in notifying the court of this intention?

    The judge concerned is notoriously unpredictable...

    Thanks in advance.


Comments

  • #2
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    Get a solicitor


  • #3
    Yorky
    Registered Users, Registered Users 2 Posts: 1,485 ✭✭✭Yorky


    RangeR wrote: »
    Get a solicitor

    How helpful.. The objective if the small claims court is to contain costs by representing oneself


  • #4
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Yorky wrote: »
    Could anyone offer some tips / advice on attending the Small Claims Court?

    Keep it short, simple and to the point.
    Yorky wrote: »
    It's in a rural area so it's held as part of the District Court proceedings. The case has already been adjourned by the respondent which the claimant attempted to object to but was given short shrift by the judge.

    If someone needs a genuine adjournment they need an adjournment.
    Yorky wrote: »
    The claimant is representing himself and has compiled a dossier - in triplicate - to bolster his claim. What is the most effective way to approach the case i.e. getting the judge to review the dossier while it being explained by the claimant.

    See point 1 is a 'dossier' really needed?
    Yorky wrote: »
    Also if wishing to appeal the judgement to the Circuit Court is there a procedure to follow in notifying the court of this intention?

    You haven't even got the judgement yet! I'm not sure how the SmCC procedure in the DC is appealed to the CC but I'd be very careful about the potential for the shield against costs being dropped.
    Yorky wrote: »
    The judge concerned is notoriously unpredictable...

    It's a DC Judge :P. In all seriousness though DC judges tend to come across as using instinct more than other courts. Bear that in mind if you're coming across as a gob... . It's easy to get carried away, ask someone.
    Yorky wrote: »
    Thanks in advance.

    You're welcome, remember point 1.


  • #5
    aujopimur
    Registered Users, Registered Users 2 Posts: 3,953 ✭✭✭aujopimur


    I hope the judge is better versed in consumer law than the one I had, I risked explaining it to him, fortunately he listened to me, and I won.


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