progression with case

[westted]

Can I take a case for breach of contract and failure in duty of care (tort) to the small claim court, seeking damages of 2000 euro, win the case and proceed to bring the same case to a district court after for a larger damages claim?
Or could I bring the contract case to small claims, win, then bring the failure in duty of care case to district court after?
I'm just assessing hypothetical options here - obviously i will get solicitor advice before proceeding.

 

[Palerider]

I don't see whay you would even consider this, get advice and go where you will be adequately compensated if the Court agrees with your argument, that in this case is the higher court, not the small claims.

 

[WizardDr]

Small Claims Court:

Type of claims dealt with

(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

(b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

(c) a claim for minor damage to property (but excluding personal injuries)

(d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives provided that a claim does not exceed €2,000.

Claims in respect of other matters relating to rented accommodation must be brought to: Private Residential Tenancies Board, 2nd Floor, O'Connell Bridge House, D'Olier Street, Dublin 2. Website: www.prtb.ie

Excluded from the small claims procedure are claims arising from:

(a) a hire-purchase agreement

(b) a breach of a leasing agreement

(c) debts

 

[westted]

I don't see whay you would even consider this, get advice and go where you will be adequately compensated if the Court agrees with your argument, that in this case is the higher court, not the small claims.

Well, the logic is (and you might not agree with this) that taking a claim to the small claims court is an inexpensive alternative.

Therefore we could lose in the small claims court and it wouldn't be a major financial impact, whereas the financial risk for us is higher if we bring the case to the higher court.

We are confident of our case - but you can never predict the outcomes with certainty.

If we lost in the small claims court, that we'd just move on with our lives.

If we won, we would be could take the financial risk of going to the higher court then (as the risk would be lower surely) ie. we'd be likely to win there also.

Why do you say it's not worth at least considering hypothetically?

PS. It fits into the category (a) of the type of claims dealt with - thanks WizardDr!!

 

[Dachshund]

Usually in any court case, Small Claims or otherwise, a judgment is in full and final settlement of the case. If you won in the small claims court, that's the end of the case. It is ridiculous to think that you could be successful and then try and have the issue re-tried again because you want greater damages.

The only reason that a case may be relitigated is if there is an error in law or in sentencing, not because you want more money.

If you satisfy the criteria for the Small Claims court take your case there, if not the costs of taking a case in the District Court will be a lot higher.

Your choice.