County Registrar and Judgements

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mickeyg

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Just wondering about the situation where the County Registrar "hears" a District Court case. I understand this process is employed to filter or fasttrack cases. My question is can the Registrar make an actual Judgment in the case where there has been no show/no legal representation from one party to the case or does the Judgment have to be made by a Judge?
 
Do you mean Circuit Court cases?

The Registrar has limited powers. See below

S.I. No. 191 of 2008: Circuit Court Rules (County Registrar) 2008

"3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit."

Mostly where there is no appearance/defence to the proceedings, the matter will not appear in Court at all but will be dealt with in the Circuit Court Office.

Are you talking about debt or repossession or some other type of case?

mf
 
@mickeyg

What mf1 is referring to above are administrative matters.

So they are not 'hearing' a case. An example of their powers in circuit court would be taxation of costs after the hearing. The outcome of the case has been determined and they are 'determiming' costs but not dispensing justice.
 
mf, its a debt case where no defence has been entered. So my question is can the Registrar grant the Judgment in this case or does it still have to be referred to the Judge to formally make the Judgment?

Thanks
 
Sorry just to follow on from my previous - it is being dealt with by the Registrar in the "Court Office".

TA
 
Hi Time, wondering if you could help me out here please. Signed a commercial lease jointly with another individual, cut a long story short business folded and we moved out once we realized it was not tenable to allow LL to re let unit. Assisted LL in finding new tenant also. LL now coming after us for non payment of rent while we were not in unit, rates etc total circa €21k. I personally don't want a judgement against me and may be able to borrow 50% of amount from family, friends however other party refusing point blank to pay up as no assets or income. I have mortgage on Family home and up to eyes in personal and debt accrued trying to keep business open. What can I do? Advice appreciated
 
@leroy67 - This would ger more attention if you started a new thread.

the way you describe it seems to be lease in your two names v say your company. The lease would need to be seen to see what it actually says but you seem to realse that t may be joint and several - that is you can be sued for all of it.

You also don't say how long the lease is for. On one level you could be sued for all of it but the standard is that the LL would have to mitigate the loss - so he would only be able to recover the shortfall.

However - you have not said exactly what was said and how it came about that you actually helped find a new tenant. There could be an element of estoppel here. By that if the LL persuaded you to help - was there in some way an understanding that he would not follow up on the outstanding rent? In other words was there a representation made to you; did you act upon it - then the LL may not be able to resile from it. Thats probably the only way out.

You could need legal advice sooner than later as your solicitor depending on the details of the contract combined with your story feel that there is or there is not
a possibility of 'equitable estoppel' which is basically what I described above.
 
Thanks WiazrdDr, story is signed up for three year lease with a break clause after 18 months as you correctly stated in both names as opposed to company name. Business ran into trouble in May and hadn't monies to pay rent.Let the LL know and agreed we would try and catch up from June's trading. June and July were worse so we let LL know that we couldn't continue to maintain lease and that we would vacate unit. LL obviously wasn't happy however we done our best to mitigate loss and found new tenant for him who took over in October. LL now looking for rent from May to October plus rates and service charges. Total circa €21k. At my wits end here as can't have judgment against me, can't sleep and just totally worn out. As I previously stated I am prepared to borrow 50% from family and friends but have no way of raising all the capital, if I could I would.
 
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