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District Court Damages

  • 26-03-2013 4:23pm
    #1
    Fe1exams
    Registered Users Posts: 120 ✭✭


    I pursued a claim against a Company in the small claims court & they paid me the sum of the costs that i requested for my losses. However i would like to know how, or whats the process in pursuing them now in the District Court for damages. Can i represent myself as a law student?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Just send them a summons. It would be wise to write to them first. Yes, you can represent yourself.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Fe1exams wrote: »
    I pursued a claim against a Company in the small claims court which they paid me the sum of the costs. However i would like to know how, or whats the process in pursuing them now in the District Court for damages. Can i represent myself as a law student?

    Do both cases arise from the same issue.


  • #4
    Fe1exams
    Registered Users Posts: 120 ✭✭Fe1exams


    Can you explain how a person goes about sending a company a summons after receiving a sum of money requested b4 the small claims court hearing for a civil matter...

    Also is it an issue if i cash the cheque b4 doing this.. the letter does state this is full and final settlement...


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,498 ✭✭✭✭coylemj


    Fe1exams wrote: »
    Can you explain how a person goes about sending a company a summons after receiving a sum of money requested b4 the small claims court hearing for a civil matter...

    Also is it an issue if i cash the cheque b4 doing this.. the letter does state this is full and final settlement...

    Yes, if you cash the cheque you are accepting that money in full and final settlement so the case is over and you can't go back for more.

    What makes you think that this case can be pursued again i.e. how can you go to court twice in respect of the same transaction?

    You say you're a law student, can you please explain what is the distinction in this case between what you perceive as 'losses' and 'damages'?


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


    Fe1exams wrote: »
    Can you explain how a person goes about sending a company a summons after receiving a sum of money requested b4 the small claims court hearing for a civil matter...

    Also is it an issue if i cash the cheque b4 doing this.. the letter does state this is full and final settlement...

    I am assuming that the matter is the same if so then you need to look up Res judicata. You are taking a cost risk if you do take proceedings in the DC. Seek legal advice.


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  • #7
    Fe1exams
    Registered Users Posts: 120 ✭✭Fe1exams


    Citizens advice seems to sum it up quite well unless i am mistaken.

    http://www.citizensinformation.ie/en/justice/civil_law/civil_summons_in_ireland.html


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Fe1exams wrote: »
    Citizens advice seems to sum it up quite well unless i am mistaken.
    http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html
    Under the Petty Sessions (Ireland) Act 1851
    Under an administrative process introduced by the Courts (No. 3) Act 1986

    I thought this was a civil matter.

    From the 1986 Act important word in bold.

    1.—(1) Proceedings in the District Court in respect of an offence may be commenced by the issuing, as a matter of administrative procedure, of a document (referred to subsequently in this section as “a summons”) by the appropriate office of the District Court.


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