Small Claims Court: Does the loser pay the costs?

[FirstaidKit]

Hi, without going into detail, I have made a small claim against an Airline company for charging my credit card with a service which I dispute I cancelled. Ultimately it is my word against theirs but my question is: if I go to small claims court and loose my case do I have to pay the legal fees of the Airline company?

 

[ClubMan]

No. The Small Claims Court doesn't award legal costs to either party in any circumstances. And professional legal advice/representation is not required.

 

[T McGibney]

Hi, without going into detail, I have made a small claim against an Airline company for charging my credit card with a service which I dispute I cancelled. Ultimately it is my word against theirs but my question is: if I go to small claims court and loose my case do I have to pay the legal fees of the Airline company?

Consider instead https://www.aviationreg.ie/ who were very good and useful to us a decade or so ago when Aer Lingus illegally denied my children boarding on a family holiday flight and then attempted to stonewall our subsequent complaint.

 

[Salvadore]

If you win and the airline appeals to the Circuit Court, the stakes would be higher. If the airline wins on appeal, you would more likely be liable for costs.

 

[ClubMan]

If you win and the airline appeals to the Circuit Court, the stakes would be higher. If the airline wins on appeal, you would more likely be liable for costs.

Are you sure about that?
Don't you mean District rather than Circuit Court?
There's no mention of the latter in the legislation.

https://www.courts.ie/rules/small-claims-procedure-si-no-17-2014

And it also says:

10 Liability for costs and expenses

10. The claimant and the respondent are liable for their own legal costs and witnesses’ expenses (if any) incurred in respect of any claim processed through the Small Claims Procedure.

Doesn't that mean that costs are never awarded against either party?

In any case, how many respondents are likely to go to the District Court proper over a maximum of €2k?

 

[T McGibney]

In any case, how many respondents are likely to go to the District Court proper over a maximum of €2k?

Not many would, at least in my opinion, but within that few, I'd certainly count a few prominent Irish airlines. That's why, again in my book, the Aviation Regulator is a much better bet.

 

[Salvadore]

Are you sure about that?
Don't you mean District rather than Circuit Court?

If the CAI are to be believed, the SCC is a branch of the District Court and so appeals are made to the next most senior court.

Small Claims Procedure - Consumers’ Association of Ireland

The following is a comprehensive guide to the Small Claims Procedure. If you are thinking of making a claim, we would suggest that you read it carefully. Am I Eligible?...

thecai.ie

A losing party might appeal if the judgment, however inconsequential financially, sets a precedent that would have more far-reaching implications.

 

[ClubMan]

Ah, I see....

FAQ Small Claims - Help

Can I appeal the decision of the District Court?

Both the claimant and the respondent have the right to appear an order of the District Court to the Circuit Court. Costs may be awarded by the Circuit Court but that is a matter for the individual Circuit Court Judge to decide. There will be a fee payable to the sheriff, which will be refunded to you if the Sheriff succeeds in executing the Court Order (which is also referred to as a 'Decree'). The execution of the Court Order is then a matter for the Sheriff who will notify the Claimant. Information and assistance on enforcement procedures are availabel from the Small Claims Registrar. For various reasons the Sheriff may not always be successful in the execution of Court Orders.

 

[FirstaidKit]

Hi Folks, many thanks for the replies, as it happened I lost my case and costs were not assigned to me! It appears Ryanair have a retained counsel to defend many small claims against them in Swords District Court ( about 5 when I was there). What I learned from the experience was that using the Ryanair booking system "in good faith" does not trump "proof" and for the fact that I had no screen shots of my transaction I hadn't a hope! I did argue that I cannot be expected to screen shot every transaction I make on-line but the judge was unmoved and simply wanted to process me out the door. An interesting experience but my first time and hopefully my last in court!

 

[Salvadore]

Hi Folks, many thanks for the replies, as it happened I lost my case and costs were not assigned to me! It appears Ryanair have a retained counsel to defend many small claims against them in Swords District Court ( about 5 when I was there). What I learned from the experience was that using the Ryanair booking system "in good faith" does not trump "proof" and for the fact that I had no screen shots of my transaction I hadn't a hope! I did argue that I cannot be expected to screen shot every transaction I make on-line but the judge was unmoved and simply wanted to process me out the door. An interesting experience but my first time and hopefully my last in court!

Consider yourself fortunate.

If you had won, Ryanair would almost certainly have appealed (to avoid a precedent being set) and, if successful, you may ultimately have found yourself on the hook for two sets of costs.

A former colleague of mine found himself in this scenario many years ago.

 

[Raging Bull]

I was in small claims court once the consumer won 11/12 cases. The one taht was lost to airline which I cant remeber which one was because they kept flying the planes during covid...consumer didnt travel for fear of arrest...Judge basically said tough luck get insurance next time