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Case Appealed to Circuit Court

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  • 02-05-2023 11:33pm
    #1
    maccyd13
    Registered Users Posts: 27 ✭


    I won a case against a previous employer who I became a contractor for in the district court for unpaid invoices.

    I had a solicitor and racked up costs doing it (about 25% of the invoiced amounts).

    However now the case has been appealed to the circuit court and costs to fight the case would go above the value I am claiming.

    Also, I simply cannot afford to pay for the solicitor to fight the case based on how much they want. I am wondering if I can represent myself in the court even though the district court had a lawyer represent me and if the fact that since this case began I have moved to a different country and would not reasonably be able to return for court and therefore I would hope for it to be online, would go against me.

    If anyone on here is educated on this topic, I can’t find details on this particular issue but I am owed over €4,000. There is also a potential of a counterclaim from the defendant (nothing real behind it, just a scare tactic) but I’m not sure how to defend myself on this and what documents I need to file or anything. It’s all just freaking me out and I’m looking for any help I can get.



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    #2
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Legal advice not permitted here. Just a few observations on general principles arising.

    Filing a Notice of Appeal is sometimes a tactic to persuade another party to drop the case or to negotiate a compromise.

    A successful plaintiff in the DC usually gets an order for their party and party costs as well as an order for damages.

    If the plaintiff has to contest an appeal in the Circuit Court from the original defendant and wins again they can expect to get an order for their Circuit Court costs as well.

    Where one party resides outside the jurisdiction they might face an application by the other party for security of costs. If successful, the order would require the party against whom it was made to lodge funds against the possibility that they might have pay costs. The fact that a party resides outside the jurisdiction is not an automatic ground for such an order to be granted. LINK Circuit Court Rules | The Courts Service of Ireland

    Representing yourself in court is rarely a good idea especially where you were represented in the court below.

    In summary, the decisions to be made on how to proceed require assessment of the risks and merits of the case as well as as the practical economics. Litigation is an uncertain process. IMHO OP should stick with their solicitor who should be advising on the merits of the appeal.



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