Civil Case Defend Myself: Judges more lenient to non legal people in the courts? etc.

Re: Defend Myself

I'm not sure about this gaggot. I'm sure you are allowed to defend yourself in any court of law. But are you well up on the law? How serious is the crime you are accussed of etc? I just won't take the risks.

Re: Defend Myself

It is a civil case regarding a design of a buiding which I am accused of inadequate design. An independant enginner had a look at the building and he cannot find any problems with it. It seems black and white case to be. The building is in good condition and that has to be outlined to the court. how hard can it be?

Re: Civil Cae Defend Myself: Judges more lenient to non legal people in the courts? e

It's a very bad idea. Get a solicitor.

Re: Civil Cae Defend Myself: Judges more lenient to non legal people in the courts? e

Horses for courses and all that. Hire a pro. I belive in the saying. A persons who represents themselves in court has a fool as council. Too much to lose if you fail on something stupid.

Re: Civil Cae Defend Myself: Judges more lenient to non legal people in the courts? e

Pros are expensive- I got a quote of 30-40k.

Re: Civil Cae Defend Myself: Judges more lenient to non legal people in the courts? e

gaggot said:

Pros are expensive- I got a quote of 30-40k.

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Yes but if have such a strong defence as you have suggested your legal bill will be met by the other side when the court rules in your favour. Costs normally follow the event in our legal system.

If on the other hand you decide to go it alone and due to your own incompetence you prejudice your side or dont put your best foot forward causing the court to rule against you, you will be liable for the other sides legal bill.

It's your call.

And to answer your opening Q, yes courts do give some indulgance to lay-litigants in respect of procedural technicalities but they cant allow any slack regarding full proofs and defences. It's up to the litigant and/or his professional advisors to meet these challenges. The courts wont and nor should they assist.

Re: Defend Myself

gaggot said:

It is a civil case regarding a design of a buiding which I am accused of inadequate design.

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Is there professional indemnity insurance to cover this sort of event?

(I realise it is of no use in this case, but am curious)

Re: Defend Myself

Yes there is but there is nothing wrong with the building. My problem is how do I get all my cost back in the event of winning the case. The court may award costs against the other party but that doesn’t mean he is going to pay up. I will end up paying another 20k and 5 years trying to get the costs back.

Re: Defend Myself

Your insurance company should be informed. They will then appoint a firm to represent you.

Re: Civil Case Defend Myself: Judges more lenient to non legal people in the courts?

If you have professional liability insurance, you really should contact your insurance company. It sounds as if you don't but if your professional career depends on this, I think you'll need professionals in the High Court.

Re: Civil Case Defend Myself: Judges more lenient to non legal people in the courts?

as others have said, if you have insurance pass it to them to handle. If you don't, they were you designer in your personal capacity or as a ltd company? if in your persona lcapacitym then you stand to lowe quite a lot if you lose. Even if you are successful, there is no guarantee that you will recover your costs, that is the costs of any other professional witness you engage.

If you cannot afford legal representation, and have no assets, you migth as well tell the opposition and save them the cost of sueing you!

Re: Civil Case Defend Myself: Judges more lenient to non legal people in the courts?

GAGGOT I presume you are a qualified engineer or architect- you would be unwise to deal with a High COurt action which affects your professional reputation without appropriate qualified legal advice and help - i.e a solicitor and barrister with experience of construction litigation.

If you are trying to nandle this yourself you need an independent engineers full inspection and report - not to just "take a look". That would involve examination of all relevant documentation, plaintiffs claims etc and of the construction itself.

There would be very complicated issues re Notices for Particulars Discovery of documents etc etc

If this is a major building defect dispute, it will be very time consuming and the quotation of €30-40K is realistic imho and experience.

If you win the case you will get a high percentage but not all of your costs back.

Good luck