Layperson/unqualified solicitor sending a Form 2A Ordinary Civil Bill - permitted? - practicalities?

gormdubhgorm

I am not a qualified solicitor, however many moons ago I did get some legal training. But, I am not very knowledgeable on the practicalities of legal procedures. At the moment I have an issue with a next-door neighbour feeding wildbirds such as seagulls. I believe it to be a tort of private nuisance, which is ongoing for a number of years.

Upon doing some research, it did occur to me that rather than go to a solicitor, I could try and send the next-door neighbour an ‘ordinary civil bill’ to the Circuit Court and pay 130 Euro Stamp Duty.

Using the form 2A template from the courts.ie website:

https://www.courts.ie/content/ordinary-civil-bill

I was wondering what is the practical procedure for this? Is it just a question of using the template and clearly writing down the facts at issue in a clear and concise manner? But I do not know simple things do I pick the relevant circuit court and just write it in the form? Or is it assigned when the form is being delivered to the Circuit Court?

 

I found the following guidelines.

 

https://www.courts.ie/how-do-i-bring-matter-circuit-court

 

https://www.citizensinformation.ie/en/justice/civil_law/civil_bill.html

 

Just to clarify I don’t have to be a qualified solicitor to send an ‘ordinary civil bill’? Nowhere in the circuit court form 2A template did it state that a solicitor must sign it.

 

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My other issue is if I somehow by some miracle managed to complete a valid form 2A pay the stamp duty - and deliver it to the defendant etc - do I require to show evidence in court. I have photos and videos taken of the wildbirds causing disturbance.

But then I was wondering there is probably some rule about admissibility of evidence and I wouldn’t know the proper lingo and procedure.

Also, how are videos/photos shown in court? Print off the photos and bring a memory stick so someone can show the relevant vidoes to the judge on a laptop?

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As I said I am fairly clueless on the practicalities of the whole idea. Am I wasting my time? Or do any of the legal eagles on this thread think I have a chance of ‘going solo’ on this?

 

Thanks in advance, and apologies if I sound like I haven’t a notion. It is why I am posting the question in the first place.

Maybe someone doing legal training studying for FE1 or FE2’s could send me a redacted example of a completed Form 2A ‘Ordinary Civil Bill’. To see what I should be aiming for? Or would that be way to cheeky and unfeasible?

coylemj

I'd start by asking the local council if they'd like to get involved. Noise and health nuisance.

https://www.independent.ie/irish-news/news/dublin-pensioners-told-they-may-be-fined-if-they-feed-the-birds-near-their-home-30995259.html

gormdubhgorm

https://www.boards.ie/discussion/comment/120024910#Comment_120024910

Thanks, have tried the council I am resident in - they say it is a civil matter.

But I pointed out to them in my last email that another council ‘Dublin City Council’ took action against an individual in a similar matter concluded just two years ago.

https://www.rte.ie/news/courts/2020/1012/1171042-pigeons-stoneybatter/

I assume I will receive a reply after the Christmas period.

My main questions with this thread is to see can I go the form 2A ‘Ordinary Civil Bill’ route?

And how to do so in the correct manner - filling out the form and so on.

Also how to present the evidence I collected if called upon to do so.

NUTLEY BOY

OP you would save yourself a lot of time, trouble and expense by going to a solicitor first to take proper legal advice before setting out on your adventure. Some solicitors might offer an initial free consultation.

Circuit Court proceedings as a personal litigant are fraught with difficulties in terms of rules, procedures and practices. You might well end up losing because of procedural defects and end up paying the birdman his legal costs as well.

You carry the burden of proof of your case. The standard of proof is the balance of probabilities i.e. at least 51% more likely than not.

See a solicitor and be properly advised.

gormdubhgorm

https://www.boards.ie/discussion/comment/120025697#Comment_120025697

Thanks for your reply. I have contacted one solicitor so far, but only got as far as the secretary who seemed to think the firm 'do not deal with things like that'. And a simple consultation would cost 350 Euro.

But I know enough that it would be considered a 'Tort of Private Nuisance' but that is about it.

And I am aware that some solicitors offer initial free consultation, it would be nice if I found one of those locally

It is the difficulties of 'the rules practices and procedures' that worry me, it is not something that I can easily get from a book or internet search.

However, I was suspecting/hoping that if I did manage to write up 'this form 2A' and submit it correctly that the defendant would not turn up. But that strategy is on a wing a prayer a bit. Pardon the pun.