Self representation

DR_HOUSE

I would need some help/advice. Can I represent myself in a defamation case? What Court should I address to? Anyone knows about a "no win/no fee" lawyer who deals with such cases? It's a matter that takes place since almost a year ago, and my family is heavily affected. Thank you for taking time to answer!

Zambia

DR_HOUSE wrote: »

I would need some help/advice. Can I represent myself in a defamation case? What Court should I address to? Anyone knows about a "no win/no fee" lawyer who deals with such cases? It's a matter that takes place since almost a year ago, and my family is heavily affected. Thank you for taking time to answer!

I want to fly to Bali next week I am not a pilot and have never flown a plane.

What do you think my chances of flying to Bali myself are?

Snake

Zambia wrote: »

I want to fly to Bali next week I am not a pilot and have never flown a plane.

What do you think my chances of flying to Bali myself are?

Dying a firey death to not dying.

goz83

Zambia wrote: »

I want to fly to Bali next week I am not a pilot and have never flown a plane.

What do you think my chances of flying to Bali myself are?

Very helpful. Is this AH? :rolleyes:

DR_HOUSE wrote: »

I would need some help/advice. Can I represent myself in a defamation case? What Court should I address to? Anyone knows about a "no win/no fee" lawyer who deals with such cases? It's a matter that takes place since almost a year ago, and my family is heavily affected. Thank you for taking time to answer!

You should phone up a few solicitors and ask around. I don't imagine there being a no win no fee available for such a case, but I may be wrong. You will need proof of defamation.

Zambia

goz83 wrote: »

Very helpful. Is this AH? :rolleyes:
.

I thought it was helpfull.

Snake

Zambia wrote: »

I thought it was helpfull.

Can't see why it's not helpful, it was a very clear answer..

Bepolite

DR_HOUSE wrote: »

I would need some help/advice. Can I represent myself in a defamation case? What Court should I address to? Anyone knows about a "no win/no fee" lawyer who deals with such cases? It's a matter that takes place since almost a year ago, and my family is heavily affected. Thank you for taking time to answer!

Can you? Yes you can, no pilots licence is required. I would venture flying a plane is easier then running a defamation case. Having done the former but not the latter I'm no expert though.

What level of damages are you seeking? I believe the Circuit court's jurisdiction in defamation is €50,000 or €100,000 I don't remember which.

'No foal no fee' (it's not quite the same thing) is the term used in Ireland. It's unlikely a solicitor will run a defamation case on this basis (unless it's remarkably straight forward) but I can't speak for all of them. Phone and ask.

While defamation can, of course, have lasting effects, if it's ongoing would harassment not be a more appropriate vehicle for your complaint OP? This would require a simple trip to a Garda station rather than a crash course in Torts and court procedure.

DR_HOUSE

The case is very straight forward, hence the belief I can represent myself. I was not thinking of damages; I just want for those responsible to be punished by the law, if that is possible.

Bepolite

DR_HOUSE wrote: »

The case is very straight forward, hence the belief I can represent myself. I was not thinking of damages; I just want for those responsible to be punished by the law, if that is possible.

OP I don't mean to be rude, but given you cant separate a civil matter from a criminal matter I very much doubt you're qualified to make an assertion that it's straight forward case. A straight forward defamation case is an oxymoron.

In a civil matter the only remedy is damages or an injunction in equity. What it sounds like you're looking for is a fine or prison sentence which is a criminal sanction.

To ask again; does harassment not fit better?

Harassment.

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

(2) For the purposes of this section a person harasses another where—
(a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and
(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.

(3) Where a person is guilty of an offence under subsection (1), the court may, in addition to or as an alternative to any other penalty, order that the person shall not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person.

(4) A person who fails to comply with the terms of an order under subsection (3) shall be guilty of an offence.

(5) If on the evidence the court is not satisfied that the person should be convicted of an offence under subsection (1), the court may nevertheless make an order under subsection (3) upon an application to it in that behalf if, having regard to the evidence, the court is satisfied that it is in the interests of justice so to do.

(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

DR_HOUSE

DR_HOUSE wrote: »

The case is very straight forward, hence the belief I can represent myself. I was not thinking of damages; I just want for those responsible to be punished by the law, if that is possible.

What you think is a straightforward and obvious case may actually be a totally unwinnable mess where you have no claim. Everyone ALWAYS thinks they are in the right with these things. I am not for one moment saying that you haven't been defamed but it's never as straightforward as you think it is.

It's worth sitting down with a lawyer and seeing if you have a case if it's bothering you that much. Best of luck

Bepolite

Sorry I forgot to mention. Even if the case is straight forward and you represent yourself well you are going to be no match for a trained barrister.

If you end up with costs awarded against you this could all prove very expensive.

DR_HOUSE

Does harassment includes social media? My pictures are being used for the past months, almost a year, I've been called names, lies are written about me on public pages, websites made about me (in a bad way). I know that it might seem very cheeky of me to try this, but I don't know what to do to put an aned to it. Thank you all for replies and advices.

Bepolite

Bepolite wrote: »

10.—(1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

Have you contacted the social media sites in question?

Pat Mustard

DR_HOUSE wrote: »

I know that it might seem very cheeky of me to try this, but I don't know what to do to put an aned to it. Thank you all for replies and advices.

It doesn't seem cheeky. It's risky.

You believe that it's a straightforward case. Even if it is straightforward, it'll be your first case, that you would like to take without knowledge of law, practise, or procedure.

Even people with supposedly ironclad cases can't expect to succeed unless they have their proofs in court. A party who loses can expect to have to pay costs, generally.

Maybe you'll succeed, but you'll be up against it.