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Take a Civil action , or not ?

  • 26-05-2013 7:51pm
    #1
    Capri
    Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭


    I keep reading about civil actions being taken ( against the State), and won, for cases similar to mine, yet a solicitor I talked to (on the phone) basically said 'Forget it, unless you win the Lotto and can pay big bucks to pursue the State' Should I seek a 2nd or 3rd opinion ??

    I was in the District court ( beside Bridewell ) , can I access a record of what was said during my appearance - in support of an action against the State ??


Comments

  • #2
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭loremolis


    Did your appearance in the District Court have anything to do with your use of drugs?


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Capri wrote: »
    I keep reading about civil actions being taken ( against the State), and won, for cases similar to mine, yet a solicitor I talked to (on the phone) basically said 'Forget it, unless you win the Lotto and can pay big bucks to pursue the State' Should I seek a 2nd or 3rd opinion ??

    I was in the District court ( beside Bridewell ) , can I access a record of what was said during my appearance - in support of an action against the State ??

    Only a certain number of solicitors will take these cases, mostly ones who specialise in criminal and immigration. Unless you were talking to one of them you won't have got a balanced opinion.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Fred Swanson wrote: »
    This post has been deleted.

    I believe DAR is in a number of District Courts.


  • #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #7
    Capri
    Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭Capri


    loremolis
    - not drugs , 'public order' (traffic stop by agressive cop who 'ramped it up ' to 'public order' when I questioned him :mad: )
    Fred Swanson - There is no recordings of proceedings in the district court
    first time in court, no experience of 'system', thought all proceedings recorded in writing by court clerk :confused:
    Jo King - ones who specialise in criminal and immigration
    So get some names from court cases ?


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


    Capri wrote: »
    - not drugs , 'public order' (traffic stop by agressive cop who 'ramped it up ' to 'public order' when I questioned him :mad: )

    first time in court, no experience of 'system', thought all proceedings recorded in writing by court clerk :confused:

    So get some names from court cases ?

    The court clerk only records the outcome so he or she may draft the court order. If you are talking judicial review, then only a few firms will do this work, and less and less. The main reason is outlays on stamp duty can add up to a pretty penny, and with a 3-4 year wait for a SC appeal where it can end up, less and less solicitors can take the risk of 5 or more years of work a few thousand in stamp duty and at the end of it a risk of a cost order of tens of thousands against the client.

    But a second opinion may be free or small money, if you search the papers for similar cases to yours see if the solicitor is mentioned, if not using the info search the courts website to see if you can find the case in High Court Search http://highcourtsearch.courts.ie/hcslive/cslogin

    But be advised it can be a long process and can leave you exposed to a very large costs order. On the other hand it could take a few weeks and get you exactly the result you want.


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