Taking a local authority to the small claims court?

Townie_P

Wondering if someone could advise here:

A colleague of mine is looking to take the local authority (council) to the small claims court. However in the Respondent section there is only an option to select either Individual, Sole Trader or Registered Company as the respondent 'Party Type'. None of these options really covers the local authority. What should he do here?

Thanks

Samuel T. Cogley

Not sure the LA can be sued using the small claims procedure, it's mainly a consumer protection mechanism.

Townie_P

Local authorities have been taken to the small claims court plenty of times in the past, a quick google search will throw up newspaper reports etc. Unless the law has changed recently?

Credit Checker Moose

You will probably have to use an old fashioned paper form.

Samuel T. Cogley

I suppose there is nothing to stop you if the claim is:

(2) in relation to a tort, by the claimant (not being a body corporate) against the respondent in respect of minor damage caused to property belonging to the claimant but excluding personal injuries.

http://www.courts.ie/rules.nsf/lookuppagelink/517408EE5E6C7DE880257C91005C830F?opendocument&l=en

Link above gives you a template that would allow the LA to be named. While I don't want to pry in to your personal business if you'd keep the thread updated with your progress I for one would appreciate it.

splinter65

The only way to settle an argument with the local authority is to exhaust their complaints process and then if still unhappy make a complaint to the Ombudsman.
You can’t go to the ombudsman to get a decision overturned but you can complain about the manner in which your interaction with them was handled.
The ombudsman can’t overturn a decision made by the LA but can uphold your complaint and “recommend” a re consideration of the decision.

giles lynchwood

I recently moved from a 2nd floor apt to ground floor apt in the same building owned by the council,I forget some clothing items still in dry cleaning bags there. The builder threw them in a skip.Who can i go after.
1)Exspentive clothing
2)have history that i can prove with builder,this was a malicious act.

Caranica

giles lynchwood wrote: »

I recently moved from a 2nd floor apt to ground floor apt in the same building owned by the council,I forget some clothing items still in dry cleaning bags there. The builder threw them in a skip.Who can i go after.
1)Exspentive clothing
2)have history that i can prove with builder,this was a malicious act.

You can't go after anyone. You left then behind, deliberately or otherwise.

splinter65

giles lynchwood wrote: »

I recently moved from a 2nd floor apt to ground floor apt in the same building owned by the council,I forget some clothing items still in dry cleaning bags there. The builder threw them in a skip.Who can i go after.
1)Exspentive clothing
2)have history that i can prove with builder,this was a malicious act.

You can try and take the builder to small claims court but I don’t think you’ll get very far.
It was your responsibility to look after your property not the builders and certainly not the LA.
You can allege that the builder should have made enquiries as to who owned the bags and that he should have handed them over to the LA.
The builder might say there were no bags or that they appeared to be bags of rubbish.
Take a chance if you like.

giles lynchwood

tThe builder knows me and the apt i moved into is a 30 second walk from the one i moved out of ,he knew this,as i said we have history which is well documented.this was his payback.Clothe's were in clear dry cleaner bags, hanging in a wardrobe.

SteM

giles lynchwood wrote: »

The builder knows me and the apt i moved into is a 30 second walk from the one i moved out of ,he knew this,as i said we have history which is well documented.this was his payback.

Maybe the builder thought you'd left bags of rubbish behind? How long were they left in the old apartment for?

giles lynchwood

2/3 day's, thanks to everyone who replied,i was try to avoid bringing him to court as he just started his business,but now i think i will send him a solictors letter and see what happens will keep you posted.Once again thanks.

Claw Hammer

Townie_P wrote: »

Local authorities have been taken to the small claims court plenty of times in the past, a quick google search will throw up newspaper reports etc. Unless the law has changed recently?

I did a quick google search which only showed English local authorities taken to the Small Claims Court. am I missing something?

giles lynchwood

A friend of mine wanted to sue a hospital over his son's death.His solictior said " are you prepaired to sell your house".England seems to encourage this, while we on the other hand.

Claw Hammer

giles lynchwood wrote: »

A friend of mine wanted to sue a hospital over his son's death.His solictior said " are you prepaired to sell your house".England seems to encourage this, while we on the other hand.

I am not sure if I understand the relevance of this. What does England seem to encourage? What do we on the other hand?

giles lynchwood

It is easier to take legal action against gov in england than than ireland.Prior to the 80s people could not take action against gov dept's as it was deemed unethical by solictor's. Old boys club

Mod
That claim is news to me, and I have been practising as a solicitor for many years

splinter65

giles lynchwood wrote: »

2/3 day's, thanks to everyone who replied,i was try to avoid bringing him to court as he just started his business,but now i think i will send him a solictors letter and see what happens will keep you posted.Once again thanks.

You’ll pay a solicitor €60+ for a pointless solicitors letter which the builder will throw in the bin because it means nothing. What you’d be doing is threatening to take him to court over some dry cleaning which is going to cost you €1000s so he knows that’s not going to happen. . The SCC is a few €s and is the right place to vent your spleen.

maestroamado

giles lynchwood wrote: »

2/3 day's, thanks to everyone who replied,i was try to avoid bringing him to court as he just started his business,but now i think i will send him a solictors letter and see what happens will keep you posted.Once again thanks.

What be value of clothes? i cannot see the point in sending lawyer letter.

Solicitor letter €60, the blank page cost that and the print about a ton = €160.

giles lynchwood

Tailor made 100% cashmere full lenght overcoat 900 euro
3 Barbour shirts 89 euro each
Andre shirt 69
Harrington jacket 40 euro
None of which had been worn since last dry cleaned and hanging in wardrobe.

SteM

giles lynchwood wrote: »

Tailor made 100% cashmere full lenght overcoat 900 euro
3 Barbour shirts 89 euro each
Andre shirt 69
Harrington jacket 40 euro
None of which had been worn since last dry cleaned and hanging in wardrobe.

Good luck anyway. Your word against his, can't see a solicitors letter worrying him too much tbh.

Claw Hammer

giles lynchwood wrote: »

Tailor made 100% cashmere full lenght overcoat 900 euro
3 Barbour shirts 89 euro each
Andre shirt 69
Harrington jacket 40 euro
None of which had been worn since last dry cleaned and hanging in wardrobe.

If they were so valuable, why did you leave them behind? How can you afford a tailor made coat living in a council flat?

brian_t

The builder was paid to clear the flat of any rubbish left behind by the previous tenant.

Unless you can prove that he opened the bags and looked inside then I don't see how you have a case.

Why would the local authority be responsible for bags you left behind in your old flat.

giles lynchwood

Claw Hammer wrote: »

If they were so valuable, why did you leave them behind? How can you afford a tailor made coat living in a council flat?

I worked for the best part of my life,buired my parent's within a year of each other.
Small claims seems to be the best way,so off i go.

giles lynchwood

brian_t wrote: »

The builder was paid to clear the flat of any rubbish left behind by the previous tenant.

Unless you can prove that he opened the bags and looked inside then I don't see how you have a case.

Why would the local authority be responsible for bags you left behind in your old flat.

PLEASE READ PREVIOUS POSTS

Mod
Pls stop shouting

Claw Hammer

giles lynchwood wrote: »

I worked for the best part of my life,buired my parent's within a year of each other.
Small claims seems to be the best way,so off i go.

That doesn't explain why you left the clothes behind and how you could afford a tailor made coat whilst living in a council flat.

splinter65

Claw Hammer wrote: »

That doesn't explain why you left the clothes behind and how you could afford a tailor made coat whilst living in a council flat.

You don’t believe that someone could make someone a gift of an expensive item of clothing?

L1011

giles lynchwood wrote: »

Prior to the 80s people could not take action against gov dept's as it was deemed unethical by solictor's. Old boys club

It would take a few seconds to look at notable legal cases here to realise this is entirely untrue.

Claw Hammer

splinter65 wrote: »

You don’t believe that someone could make someone a gift of an expensive item of clothing?

Who says anyone made a gift? It is most unlikely anyone would make a gift of expensive tailor made clothing in any case. The o/p may have got it made in Thailand for €30 and is now claiming it is worth €900.

WestWicklow1

Claw Hammer wrote: »

That doesn't explain why you left the clothes behind and how you could afford a tailor made coat whilst living in a council flat.

It's none of your business.

Mellor

giles lynchwood wrote: »

I recently moved from a 2nd floor apt to ground floor apt in the same building owned by the council,I forget some clothing items still in dry cleaning bags there. The builder threw them in a skip.Who can i go after.
1)Exspentive clothing
2)have history that i can prove with builder,this was a malicious act.

What makes you think you can go after anyone?
You left you clothes behind. The fact it was expensive doesn't mean it was any less your fault.

giles lynchwood wrote: »

tThe builder knows me and the apt i moved into is a 30 second walk from the one i moved out of ,he knew this,as i said we have history which is well documented.this was his payback.Clothe's were in clear dry cleaner bags, hanging in a wardrobe.

Maybe it was intentional. But if he was paid by the LA to clear the unit, he has he option of choosing to bin it.


The only way you have any recourse is if you still had use of the property.

Claw Hammer

WestWicklow1 wrote: »

It's none of your business.

It is my business.