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Counter claiming in SCC

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  • 27-11-2010 1:43am
    #1
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭


    Just wondering, based on another thread where someone was threatened with the SCC.
    If you're taken to the SCC, and the plaintiff is found in the wrong, do you get damages assigned on the day (say you're a sole trader who had to close the shop or whatever for the half-day) ,or do you have to file a counter claim or something?

    Idle curiosity on my part. ;)


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    #2
    Elessar
    Registered Users Posts: 5,251 ✭✭✭Elessar


    No, afaik there are no damages awarded for any party. Defendants claiming expenses would defeat the purpose of the SCC.


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    #3
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    I thought the claimant at least was able to claim some small damage when they filed. Only something like loss of earning on the day, not 200k for emotional trauma when their terrapin died or whatever. Maybe I took it up wrong wherever I read it.


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    #4
    aidan_walsh
    Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

    Unless the case gets referred higher you don't actually hav to go to a court so there will be no need to closing anything, as your example was. Its pretty much all paperwork. If a counterclaim is set, its done in the same manner as making a normal claim except you disclose the intent to counter claim when you dispute the original claim.

    The process continues as normal and one or other party is awarded, or the case is referred to a higher court if necessary.


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