How to lodge a Small Claim against someone in Ireland

jobest_curious

I am trying to sue someone for an amount of less than £2000 following a business transaction. At the time of the transaction that happened in the UK late last year, I did not know that the person was based in Ireland.

As I cannot use the European Small Claims court following BREXIT, does anyone know what channels I can use to take this individual to court? I have contacted some lawyers, and one told me that because my claim is less than £10,000, they cannot represent me. But when I asked them to advise me about what court, body, office, organisation, etc., they would have used to file the claim had it been more than £10,000, they did not tell me.

Any advice about how I can sue this individual is appreciated in advance.

Thank you.

DullGreyGuy

Which legal jurisdiction applies to the agreement?

If it's Ireland then the Small Claims limit is €2,000 so you would be in the full district court process. Note that it's highly likely you will have to attend the court in person. 

jobest_curious

DullGreyGuy said:

Which legal jurisdiction applies to the agreement?

If it's Ireland then the Small Claims limit is €2,000 so you would be in the full district court process. Note that it's highly likely you will have to attend the court in person. 

Thank you. it is not clear to me what you meant by the legal jurisdiction that applies. But the agreement of the purchase of the property is bound by UK law, I will assume, because the property I bought was in Stockport, UK. After I realised that the seller lives in Dundalk in Ireland, I contacted the Dundalk Court but surprisingly, they told me they could not entertain my case as the UK is no longer part of the EU.

Okell

jobest_curious said:

DullGreyGuy said:

Which legal jurisdiction applies to the agreement?

If it's Ireland then the Small Claims limit is €2,000 so you would be in the full district court process. Note that it's highly likely you will have to attend the court in person. 

...  I contacted the Dundalk Court but surprisingly, they told me they could not entertain my case as the UK is no longer part of the EU.

I'm not sure that that makes any sense.  Were they trying to tell you that as a UK resident you aren't permitted to make a court claim in Ireland?  I'd be a bit surprised if that was the case...

Alderbank

It makes sense to me.

OP says this relates to an alleged breach of contract which occurred in Stockport, UK. The Dundalk court has said quite correctly that the OP can't make a claim in ROI because the breach did not occur in the Republic. The legal jurisdiction is where the breach occurs, Stockport England in this case. 

If a Japanese tourist buys an ice-cream in Piccadilly Circus the contract of sale is made in, and subject to the laws of, England & Wales, not Japan.

If you go to Las Vegas and buy a beer, the contract is according to the laws of the state of Nevada, even if you are from Britain.

The Ministry of Justice Civil Procedure rules do allow the OP to ask for the court's permission to have court papers served to a defendant whose address is out of the jurisdiction of the UK.
Section IV Service of the Claim Form Out of the Jurisdiction covers this:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

However, whether the defendant takes any notice is another matter entirely.

jobest_curious

All, thank you for your help so far.

Alderbank, I filed a case with the Stockport County Court last December, but the Judge responded in February, striking out the claim that I cannot sue someone in Ireland because I filed my case using the European Small claim form. I later realised that I cannot use this form. But when I asked the court for advice on which form to use, they said I should seek legal advice. I wish they just told me which form to use or what to do to file the case in the county court.

I will go through the "Section IV Service of the Claim Form Out of the Jurisdiction" you provided, and hopefully, I can make sense of the legal procedures.

jobest_curious

jobest_curious said:

All, thank you for your help so far.

Alderbank, I filed a case with the Stockport County Court last December, but the Judge responded in February, striking out the claim that I cannot sue someone in Ireland because I filed my case using the European Small claim form. I later realised that I cannot use this form. But when I asked the court for advice on which form to use, they said I should seek legal advice. I wish they just told me which form to use or what to do to file the case in the county court.

I will go through the "Section IV Service of the Claim Form Out of the Jurisdiction" you provided, and hopefully, I can make sense of the legal procedures.

I have used Forms N1 and N510. Hope this is the right claim form.

GDB2222

I am in England, and I sued a Scottish company. It was a bit of a faff. I needed to fill out paper forms, rather than using MCOL, but I’m sorry I can’t remember the form numbers. They were just the standard forms for making a money claim. 

The next step is the court hearing, and the defendant may not bother to turn up, or they may not bother to file a defence.

So, assuming you get judgment, that’s only the start of the process. In my case, I needed a certificate of judgment from the English court. That would have been lodged with the high court in Scotland, which would then issue a Scottish court order that would have been enforceable in Scotland. I’d then have needed bailiffs to enforce it. Fortunately, the company paid up before I got to that stage.

I imagine that the process you’re going to go through is similar, but you really need to understand what you’re getting into before deciding whether to start. Also, are you sure that the person or company is solvent and able to pay you? If it’s a company, will the owners simply dissolve it perhaps?