Questions about Small Claims Court

Ernest

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I have read everything here about the procedure regarding the Small Claims Court. I'm still not sure exactly how it works, though.

Do I correctly assume that there is no public or even private hearing as such but that some official(s) reads the claimant's submission and the respondent's defence, if such arises, and then decides whether to award a judgment or not?

Is there a risk to a claimant that the respondent could claim legal costs for which the claimant might then be responsible?. Can the claimant also claim his own costs arising from the taking of the claim?
Can the Court decide that the matter complained of is partly the responsibility of the claimant and award a partial amount. Can the decision be appealed?

Is there any reporting/write-up of Small Claim Court Cases like there is in normal court cased - in other words is there any case law being built up and where can one find this?
 
if you refer to courts.ie then you will find in the small claims section avery clear and comprehensive answers to most of these questions. Briefly to each question (where you have a question mark)

-No, you do not assume correctly. No "official" (small claims registrar )makes any judgement - He/she tries through reading various correspondence between parties and ,sometimes, a meeting with both to reach an agreement. Failing agreement the matter then goes to open court -district court.
(Some registrars can take several months passing claims,responses, counter-reponses etc to and fro -and then deciding to hold a meeting to discuss matters.)

If the matter does go to court...
- Yes there is a risk of claimant paying costs if claimant's case is regarded as having no merit.
-Yes claimant can claim costs.
(However, few small claims do go to court and the costs are usually minor -but every case is different. Prior to court there are no costs)
- Yes, courts can -and often do- decide that there is partial blame on side of claimant if even claimant "wins".Obviously this may mean reduction in amount of claim.
- Yes, any district court decision can be appealed. Then you are heading for big expenditure.
I don't know answer to last question as regards records and whether district court decisions are a basis for case law.I'd imagine not.

From first contact with your local small claims court it can take two years before final court judgement,especially in Dublin.

My advice - go down to the small claims people and chat to someone. (-after reading websites such as courts.ie, citizens advice etc. Forms can be downloaded.)
 
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