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Adjournment not Agreed but other side said it was

  • 01-11-2013 6:39pm
    #1
    ShuShuDoyle
    Registered Users Posts: 5 ✭


    Hi

    I attended a case progression hearing yesterday. The other side were not present.

    The other side requested on the morning of the hearing from me to agree to an adjournment. I clearly stated in 3 emails that I did not agree.

    However the other side emailed the country registrar's office requesting an adjournment as it was agreed to by both side. Clearly it was not

    When I attended , the country registrar went home for the day becasue of this and now I have to wait another 3 months for another hearing.

    How can the other side state this, and how can a court accept that this is the truth without confirming it with me.

    Who do I compalin to about this and what reprecusions are there for such behaviour.

    Thanks


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    This would be a very unusual turn of events if it is what really happened. Do you have legal representation?

    If you do not, it would be a good idea to engage a solicitor to help you. If you do, they should be able to talk you through the processes.

    It would be an alarming scenario if a legal professional were to state to the court that there was agreement where there was not.


  • #3
    jonsnow
    Registered Users, Registered Users 2 Posts: 724 ✭✭✭jonsnow


    Forward on your 3 emails to the County Reg with a covering letter explaining that you did not agree to an adjournment at any stage i.e after the last email was sent and request a special sitting of the County Reg to hear the case progression given the unusual circumstances. (maybe the county reg will and maybe they won't but nothing ventured nothing gained).The County Reg will certainly view this very seriously and it could be viewed as lying to the Court.They may decide to take it further and get the DPP/State Solicitor involved and at the very least will give the other side a serious bollocking.

    You should also send a similar letter to the Law Society and lodge a complaint if there was a solicitor on the other side.They will take it very seriously.

    Miscommunication and mistakes do happen with these hearings and people make allowances for it but it does sound like it was deliberate in your case.


  • #4
    James Jones
    Registered Users, Registered Users 2 Posts: 534 ✭✭✭James Jones


    jonsnow wrote: »
    You should also send a similar letter to the Law Society and lodge a complaint if there was a solicitor on the other side.They will take it very seriously.
    No they won't. A complaint to the Law Society can only be made by a solicitors client. See HERE.
    Complaints the Society may Investigate
    The Society may investigate complaints against solicitors made by or on behalf of clients (including beneficiaries)
    A complaint will have to be made to the Solicitors Disciplinary Tribunal.


  • #5
    Valentine1
    Registered Users Posts: 434 ✭✭Valentine1


    Representing to the court that a hearing can be adjourned on consent when that is not the case is a very serious matter. If that is what happened here the Solicitor in question can expect to incur the full wrath of the County Registrar or indeed the Solicitors Disciplinary Tribunal.

    The OP should speak to a Solicitor if they have not already done so.


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