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Civil Summons has mistakes - legal??

  • 08-02-2011 10:07am
    #1
    melrose5
    Closed Accounts Posts: 5 ✭


    Hello,

    A solicitor who I engaged about 6 years ago and paid £1k to, but who provided minimum help. Started chasing me for money. I disuputed the amounts, including fact that no Section 28 letter was sent etc etc.... anyway; they were pretty poor at providing legal advice.

    They have sent me a civil summons - which has my surname spelled incorrectly, my address is wrong (explaining why I didnt receive some letters from them) and by chance I got one letter from them with copy of summons... also I am not resident in an EU country.

    Is there any point "fighting" this or could I justifiable ignore this summons since "legally" its not addressed to me.

    p.s. I am still in dispute over their costs which they have changed a couple of times.....

    any pointers in the right direction gratefully received!! :)
    thanks


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Minor faults, such as spellings, etc can be corrected in court on the date the case is heard.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Not so much for civil cases, as mistakes will not be tolerated by many judges. What might happen is the case is struck out and they can get their house in order and reissue proceedings.

    It is true for criminal proceedings that minor errors will be allowed but not so much in civil matters.


  • #4
    Tayla
    Registered Users, Registered Users 2 Posts: 2,158 ✭✭✭Tayla


    What about if a civil summons has the wrong date on it? As in if the date is wrong in all but one place on the summons.


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    No use what so ever. They can simply amend it at court and with it being civil it can be reissued anyways.


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    The OP states he does not live in a EU country, so I assume that includes Ireland. He has not stated how the summons was served, do you OP live in a country that is part of Brussels convention, if not Brussels convention country was motion granted to serve summons. OP states bill goes back 6 years if so was it more than 6 years then statute of limitions may apply.

    Get a Irish solicitor or local lawyer to deal with the matter.


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