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Strike out Vs Dismissed

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Comments

  • #32
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    So your case against him has cost you. If you think they all on the make why take a case? The cost of your new car is not the issue of professionals. The person who has caused you and your family mental health issues is not the lawyers but the guy who crashed into you.

    I didn't take the case against him, he did against me and I countered. Look I'm not getting into the details. He has cost me dearly end of.


    Mods, Question partially answered, still murky unless I give exact details, not going to happen. Pro Hoc Vice thanks for your insight and thanks for all the other contributions. Close thread.


  • #33
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    I didn't take the case against him, he did against me and I countered. Look I'm not getting into the details. He has cost me dearly end of.


    Mods, Question partially answered, still murky unless I give exact details, not going to happen. Pro Hoc Vice thanks for your insight and thanks for all the other contributions. Close thread.

    Did you apply to PIAB? It's just I have never seen a personal injuries case been fought via counterclaim. It just does not add up to be honest.


  • #34
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    Did you apply to PIAB? It's just I have never seen a personal injuries case been fought via counterclaim. It just does not add up to be honest.

    Yep, had to sign all the paper work at my solicitor's office. Counter claim after faiiled criminal charges brought against me , think about it for a minute.


  • #35
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    Yep, had to sign all the paper work at my solicitor's office. Counter claim after faiiled criminal charges brought against me , think about it for a minute.

    I am thinking about it it's just not the way I would have done it. I just don't understand how the counterclaim would work as your insurance company have carriage of defence and you would have carriage of counterclaim. That would cause issues on any settlement of the case. It just does not add up for me.


  • #36
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    I am thinking about it it's just not the way I would have done it. I just don't understand how the counterclaim would work as your insurance company have carriage of defence and you would have carriage of counterclaim. That would cause issues on any settlement of the case. It just does not add up for me.

    We'll I was told by the barristers for the insurance company, that if they win, it automatically binds the counter claim.

    Look I'm not in here telling porkies, look through some of my first posts on the subject, last year, all I can tell you is my experience nothing more. I'm not a lawyer.


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  • #37
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    We'll I was told by the barristers for the insurance company, that if they win, it automatically binds the counter claim.

    Look I'm not in here telling porkies, look through some of my first posts on the subject, last year, all I can tell you is my experience nothing more. I'm not a lawyer.

    I never said anyone was telling porkies, I just having done both plaintiff and defence personal injuries have never come across a insurance case counterclaim there may be very valid reason for doing so but I can't think of any.


  • #38
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    I never said anyone was telling porkies, I just having done both plaintiff and defence personal injuries have never come across a insurance case counterclaim there may be very valid reason for doing so but I can't think of any.

    The insurance are not counter claiming, they are defending me, I'm counter claiming with my lawyer and solicitor. His insurance are defending him on the counter, he is bringing initial case with his solicitor.


  • #39
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    The insurance are not counter claiming, they are defending me, I'm counter claiming with my lawyer and solicitor. His insurance are defending him on the counter, he is bringing initial case with his solicitor.

    Now I think I understand you have brought your own claim against him with your own solicitor and barrister. That is a claim in its own right and not a counterclaim.


  • #40
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    Now I think I understand you have brought your own claim against him with your own solicitor and barrister. That is a claim in its own right and not a counterclaim.

    Yes spurred on by is high civil court claim based on criminal charges against me that never came to fruition. Insurance jump in to defend me, I countered though my own legal team. That's the nuts and bolts of it.


  • #41
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    Yes spurred on by is high civil court claim based on criminal charges against me that never came to fruition. Insurance jump in to defend me, I countered though my own legal team. That's the nuts and bolts of it.

    In legal terms a counterclaim is a very specific thing what you have done is take a claim in which you are plaintiff. In a counterclaim you remain the defendant.

    Even if a criminal matter is won by you that in legal terms does not effect his civil case.


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  • #42
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    Pro Hoc Vice wrote: »
    In legal terms a counterclaim is a very specific thing what you have done is take a claim in which you are plaintiff. In a counterclaim you remain the defendant.

    Even if a criminal matter is won by you that in legal terms does not effect his civil case.

    Ahh I see, all the legal eagle legals are calling it counter claim casually in the office. And I'm the plaintiff in the second one. Makes sense.


  • #43
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    ...And Justice wrote: »
    Ahh I see, all the legal eagle legals are calling it counter claim casually in the office. And I'm the plaintiff in the second one. Makes sense.

    It's prob their way of sorting out the cases. The criminal case the civil case in which he is plaintiff and the second case in which you are plaintiff, so to no confuse them they Might call the second case a counterclaim, but strictly speaking that would not be a counterclaim.


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