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Commercial high court

  • 09-12-2014 9:59pm
    #1
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭


    Anyone any experience with this court. Is there legal aid. My husband was involved in a business start up but it's gone badly wrong and we have ended up in above court. The fees are enormous


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Whyohwhy2 wrote: »
    Anyone any experience with this court. Is there legal aid. My husband was involved in a business start up but it's gone badly wrong and we have ended up in above court. The fees are enormous

    The only thing I know is it's one of the most efficient courts (well branches), expect things to move quickly. You should speak to a solicitor as soon as possible.


  • #3
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    I'd imagine in a court where the minimum value of a claim is 1 million euro there will be no legal aid.

    The fees will be enormous or you can represent yourself.

    If you aren't already in there, you can appear and try stop the case being admitted. On the other hand, the regular high Court is also hugely expensive and will drag on for years, at least with the Commercial court the matter will have an outcome in 9-12 weeks.

    Have a look at this to get an idea: http://www.finfacts.ie/biz10/irelandcourt.pdf

    It's very old but the Court remains the same to a huge extent.


  • #4
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    Fees are enormous. It's a complex matter but we don't have the money for it. So it appears even though we have a great case as we can't afford it ..


  • #5
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    NoQuarter wrote: »
    I'd imagine in a court where the minimum value of a claim is 1 million euro there will be no legal aid.

    The fees will be enormous or you can represent yourself.

    If you aren't already in there, you can appear and try stop the case being admitted. On the other hand, the regular high Court is also hugely expensive and will drag on for years, at least with the Commercial court the matter will have an outcome in 9-12 weeks.

    Have a look at this to get an idea: http://www.finfacts.ie/biz10/irelandcourt.pdf

    It's very old but the Court remains the same to a huge extent.

    Hiya. Dont mean to butt in, but I notice you used the word IMAGINE. If you have someone in the commercial court and they are genuinely broke, would they not be entitled to some sort of assistance?


  • #6
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    I wonder if it is a matter in which the OP might be eligible for civil legal aid from the Legal Aid Board?

    Due to updates in the legislation, this may no longer be an exhaustive list but the issues that they do not cover are set out in s.28(9) of the Civil Legal Aid Act 1995.

    If the matter falls outside these excluded items, if the OP meets the financial criteria, and if it is a case that a prudent person might bring, then perhaps legal aid is a possibility.


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  • #7
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    The Mustard wrote: »
    I wonder if it is a matter in which the OP might be eligible for civil legal aid from the Legal Aid Board?

    Due to updates in the legislation, this may no longer be an exhaustive list but the issues that they do not cover are set out in s.28(9) of the Civil Legal Aid Act 1995.

    If the matter falls outside these excluded items, if the OP meets the financial criteria, and if it is a case that a prudent person might bring, then perhaps legal aid is a possibility.
    I agree. If the case is as strong as suggested, nothing adverse could come from putting together a well presented case to the legal aid board.

    Worth a shot trying to get Civil Legal Aid in my opinion.


  • #8
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    Apologies it's been a really difficult week. I did try my local td and have been told no legal aid available to us as its commercial court.


  • #9
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Whyohwhy2 wrote: »
    Apologies it's been a really difficult week. I did try my local td and have been told no legal aid available to us as its commercial court.
    The Commercial Court is a division of the High Court. You don't need a TD, you need (as The Mustard said) the Legal Aid Board.

    In fact, what you really need to do is apply to a law centre: http://www.legalaidboard.ie/LAB/Publishing.nsf/Content/Applications_and_waiting_times

    Ring them and speak to them about the application process - once you have applied, you will need proof that you are on the waiting list and you should speak to the other side about an adjournment until a decision has been made. If they are unwilling to consent, then you will have to ask the court for an adjournment pending the Legal Aid Board's decision.


  • #10
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    On hold with FLAC. They don't really deal with commercial high court. But someone has me on hold to check. Thanks.


  • #11
    Happdog
    Registered Users, Registered Users 2 Posts: 46 ✭Happdog


    It is important to note that the commercial court does not look favourably on people putting forward defences that are bound to fail and will issue cost orders. Peter Kelly is notorious for this, as stated costs are prohibitive.
    As stated the commercial court is only for amounts over €1,000,000. If it is a summary matter will be heard solely on affidavit. <modsnip> I see from your posts dating back in May that this seems to be a business dispute of some kind. How do you know it is in the Commercial Court? The CC usually turns things around in less than three months, have you actually been served?
    From the bare bones of the information within your previous posts I cannot imagine how this case could be in the commercial court, has there been an actual loss of one million or is it all purely speculative?


    Mod:
    I have deleted what appears like legal advice to me. Please try to be more careful.


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  • #12
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Whyohwhy2 wrote: »
    Apologies it's been a really difficult week. I did try my local td and have been told no legal aid available to us as its commercial court.

    I know of a private solicitor who referred a client to Legal Aid. The client wanted to sue a builder but he could not pay his private solicitor. The response from Legal Aid was that they didn't do disputes relating to land. The reply from the private solicitor pointed to the legislation. Although the Legal Aid Board will not cover legal aid in respect of 'disputes concerning rights and interests in or over land', this was not such a dispute. It was a dispute with a builder over negligent building work.

    It was not one of the excluded matters..

    I would not take the word of a local TD and leave it at that. I would make an application for legal aid and if the application did not succeed, I would make an appointment for a private solicitor to check the relevant legislation to see if it could be covered, and if he would write a letter to the Legal Aid Board to that effect.

    I could be wrong here, as I am not intimately familiar with the legislation, but I don't know where it says that a dispute in the commercial court cannot be covered.


  • #13
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Whyohwhy2 wrote: »
    On hold with FLAC. They don't really deal with commercial high court. But someone has me on hold to check. Thanks.
    I appreciate it has been a frustrating time for you, but it has been stated a good few times now and links have been provided. You are looking for the Legal Aid Board, not FLAC.

    Find your local law centre here and contact them: http://www.legalaidboard.ie/LAB/Publishing.nsf/Content/Applications_and_waiting_times


  • #14
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    It's difficult without giving to much information away. Definitely commercial high court. Proceedings started in April. We have been in and out of court since then. Case date hasn't even been set yet. Discovery Has started and we had to take a motion against them for Information as everything was so vague.


  • #15
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    The 1 million is only speculative ...


  • #16
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Whyohwhy2 wrote: »
    It's difficult without giving to much information away. Definitely commercial high court. Proceedings started in April. We have been in and out of court since then. Case date hasn't even been set yet. Discovery Has started and we had to take a motion against them for Information as everything was so vague.
    Nobody has asked you to give any information away online. It's in the Commercial Court, you can apply for legal aid via the Legal Aid Board. There is literally nothing else to say about this.


  • #17
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    I have applied now. My husband did call them in April and was told they didn't deal with commercial high court.


  • #18
    Happdog
    Registered Users, Registered Users 2 Posts: 46 ✭Happdog


    Is this some form of intellectual property dispute? If so you really need to get a solicitor. You will not get legal aid for this type of case.


  • #19
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    Thanks to everyone for the help. It's all very stressful.


  • #20
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    Happdog wrote: »
    Is this some form of intellectual property dispute? If so you really need to get a solicitor. You will not get legal aid for this type of case.

    Yes there is a lot of intellectual property involved. ****. We have a solicitors but they never detailed how much the costs would go into and we really can't afford it anymore.


  • #21
    Whyohwhy2
    Registered Users, Registered Users 2 Posts: 16 ✭Whyohwhy2


    The waiting times are reallly long in the legal aid centre. We don't have months to wait.


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  • #22
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Happdog wrote: »
    Peter Kelly is notorious for this, as stated costs are prohibitive.

    .

    He's gone now though.
    Whyohwhy2 wrote: »
    The waiting times are reallly long in the legal aid centre. We don't have months to wait.

    You REALLY need legal advice. The legal advice you get could be a fraction of what you'll have to pay if you lose this. This is like watching a disaster unfold, clueless people in the most serious civil court in the state. Recipe for disaster.


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