personal injury case transferred, now at bottom of list

[bagel]

I'd be very, very grateful for information/advice/guidance on the following:
My Personal Injury Case was scheduled to be tried in a Provincial High Court venue last year.
A week before the Hearing was to take place the Defence filed a Motion to have the Trial Transferred to Dublin.
The Judge granted the Motion and the Case appeared on the Dublin List a few months later.
I was shocked to find there were Thousands of other Cases on the List ahead of mine.
When the latest Dublin List was published I couldn't believe my eyes.
My Case had dropped a further One Hundred places AWAY FROM the top of the List, leaving me in an even worse position.
It has taken several years (at least six) for my Case to reach the top of the List at the Provincial Venue and now it appears I must wait many more years for a Hearing in Dublin.
How could this be possible?
How could this be Justice?
My Case was all prepared to be tried on the scheduled date last year so why can't it get an early date for hearing in Dublin?
The Defendants are a Government Department & Others and they are aware I'm in poor health so I think they are playing for time in the hope I'll die before the Case ever comes to trial.
On the other hand, is my Solicitor negligent or incompetent or in any way to blame for my current predicament?
I really could do with your help folks.
Thanks.

 

[mathepac]

Was your solicitor served with notice of the application to transfer?

What grounds were used by the defendants as the basis for the transfer?

Did your solicitor ask for your instructions with regard to defending the application to transfer or inform you of the consequences of a successful application to transfer?

Were you represented in court when the transfer application was heard and adjudicated?

The transfer application sounds like a deliberate delaying tactic that should have been shot down immediately..

 

[Ravima]

case could have been transferred to Dublin if the majority of witnesses and experts are in Dublin. if you are against Govt Dept, then it would seem that as all witnesses are in Dublin, case is better set down there.

Having said that, your solicitor could/should have objected or sought priority on the transfer. If you are in poor health and if you feel that they are waiting for you to die so that the case won't come on, they you should have your solicitor apply for priority. if you are terminally ill, you will get priority.

 

[bagel]

Was your solicitor served with notice of the application to transfer?

What grounds were used by the defendants as the basis for the transfer?

Did your solicitor ask for your instructions with regard to defending the application to transfer or inform you of the consequences of a successful application to transfer?

Were you represented in court when the transfer application was heard and adjudicated?

The transfer application sounds like a deliberate delaying tactic that should have been shot down immediately..

Hi Mathepac,
Thank you for your interest.
My Solicitor hadn't been in contact with me for some time so. a few days before the Trial was to proceed, I contacted him for confirmation from him that all was in order and ready to proceed.
He then informed me of the success of the very late Application by the Defendants to move the Trial to Dublin.
The grounds for the Motion were that the Defendants Expert Witnesses were all based in Dublin.
My Solicitor told me that the transfer was 'a good thing for' me.
Had I not made the effort to contact my Solicitor myself, I may not have been informed of the transfer and I could have shown up for a Trial that had been de-listed and transferred.
This development plunged me deeper into despair.

 

[bagel]

case could have been transferred to Dublin if the majority of witnesses and experts are in Dublin. if you are against Govt Dept, then it would seem that as all witnesses are in Dublin, case is better set down there.

Having said that, your solicitor could/should have objected or sought priority on the transfer. If you are in poor health and if you feel that they are waiting for you to die so that the case won't come on, they you should have your solicitor apply for priority. if you are terminally ill, you will get priority.

Hi Ravima,
Thank you for your interest.
After the Case was transferred, it appeared on the Dublin List four months later.
Maybe I'm wrong but there appears to have been no action by my Solicitor since then.
I don't want to do him an injustice but I believe he should have had this Case disposed of long ago.
I'm not terminally ill but I do live in constant pain that renders me unable to work or participate in normal everyday life.
I am totally dependent upon constant large doses of pain-killing medications and will be for the remainder of my life.