Appeal against Small Claims Decision

aabarnes1

Good afternoon,
I made a claim against a travel agent in the small claims court in Dublin and am dissatisfied with the long awaited judgement, I believe the judge made a mistake in the area of the trade and travel act that she used to apply her decision.
My question is, what is involved in this, what cost and does anyone have any practical advice please. I cant find much assistance online regarding appeal of a small claim.
Thank you.

Samuel T. Cogley

aabarnes1 wrote: »

Good afternoon,
I made a claim against a travel agent in the small claims court in Dublin and am dissatisfied with the long awaited judgement, I believe the judge made a mistake in the area of the trade and travel act that she used to apply her decision.
My question is, what is involved in this, what cost and does anyone have any practical advice please. I cant find much assistance online regarding appeal of a small claim.
Thank you.

Did it go to a full hearing in the District Court? I was under the impression that was the first line of appeal as it were.

aabarnes1

It didn't go to the district court, it was a small claims hearing and the judge favored the respondent, a decision I am unhappy with.
There is an option to appeal to the Circuit court via the district court.
That is what I am asking about

GM228

aabarnes1 wrote: »

It didn't go to the district court, it was a small claims hearing and the judge favored the respondent, a decision I am unhappy with.
There is an option to appeal to the Circuit court via the district court.
That is what I am asking about

If it didn't go to the District Court then there is no judgement from a "judge" as it is dealt with by a registrar, however, you can initiate a full District Court hearing in front of a judge where you then get judgement and if still not happy then there is a way of appeal to the Circuit Court (and of course in such a case you are then liable for your own legal costs, so it's no longer a case of a €25 fee).

Samuel T. Cogley

aabarnes1 wrote: »

It didn't go to the district court, it was a small claims hearing and the judge favored the respondent, a decision I am unhappy with.
There is an option to appeal to the Circuit court via the district court.
That is what I am asking about

There is no small claims court, just a small claims Procedure in the DC. As above its dealt with by the registrar. My understanding was parties needed to agree a resolution or the option for a full hearing is given.

aabarnes1

Oh ok, now I understand what you meant.
Yes, the case was heard in court in front of a judge on 5h Jan, then adjourned as she wasn't familiar with the law in relation to the package holidays trade and travel act 1995 ( amended 2019). I received a letter of judgment last Friday.

GM228

aabarnes1 wrote: »

Oh ok, now I understand what you meant.
Yes, the case was heard in court in front of a judge on 5h Jan, then adjourned as she wasn't familiar with the law in relation to the package holidays trade and travel act 1995 ( amended 2019). I received a letter of judgment last Friday.

Appeal to the Circuit Court is the next step, but, get proper legal advice first.

aabarnes1

Thanks

SouthWesterly

I'd be looking at the cost of loosing the SC against the legal costs if you lost in court..

You'd want to be very sure of wining

aabarnes1

I won this case in the Circuit court plus costs.

I was 100% sure of my actions and the judge found in my favour against Cassidy Travel.

I just shudder to think of how much liability Cassidy Travel have avoided by feeling confident that people will not pursue a case against them.

There are no costs attached to a small claims court procedure or the appeal of same, regardless of the outcome, other than the registration fee.

feelings

Do you mind me asking, how much did the case cost you in the Circuit Court? Did you have legal representation etc? Do you believe Cassidy Tranvel will appeal?

https://www.boards.ie/discussion/comment/119363543#Comment_119363543

Well done. Delighted to hear it.

aabarnes1

https://www.boards.ie/discussion/comment/119385435#Comment_119385435

€25 to lodge the appeal.

I represented myself.

Cassidy travel cant appeal an overturned appeal.

3DataModem

Fair balls. Making the world a better place.

kennethsmyth

https://www.boards.ie/discussion/comment/119389879#Comment_119389879

Well done, when you have some time can you give a brief explanation on representing yourself, how you went about it and how prepared etc in law you needed to be. - obviously if the case is straight forward.

callaway92

Congrats OP

Love hearing stories like this

...'Shop Local...just prepare to be shafted'