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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10431
Experience:  Barrister 17 years experience
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I got a summons for a court date and duly turned up to defend

This answer was rated:

I got a summons for a court date and duly turned up to defend my self having
taken the day off work but there was no court on that date. I have now received
a new summons dated by the court house as having been received prior to the
court date, but the solicitors taking me to court never advised me the court to
which I had already received the summons was not on. I am very annoyed at
being made a fool as they were aware in advance of the date there was no court sitting on the day, where do I stand now?

Buachaill :

1. I regret to say that the law does not compensate you for turning up for an incorrect court date displayed on the Summons. In essence, the onus is placed on a litigant to satisfy themselves by reference to court lists as to whether a case will be heard on the date in question. In this regard, lay litigants are at a clear disadvantage to firms of solicitors who receive the court lists on a daily basis. However, a lay litigant must check the lists online at the Courts Service website at www.courts.ie or by ringing the relevant court office to make sure the case is appearing in a list on that date. There is no onus on one side to litigation to inform the other side as to when a case is appearing in a list. Each side must find out themselves whether by ringing the court office or checking the lists. I appreciate you lost a day at work over this issue. But I regret to say that the law will not compensate you for the day lost at work. The lesson to be learned is to ring the relevant court office and find out if the case is in fact being heard on that particular date. You must satisfy yourself that the case is actually being heard.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

WE WERE SUMMONED OR SO I UNDERSTOOD TO APPEAR AT A PARTICULR TIME AND A PARTICULAR DATE PER THE SUMMONS, WHY SHOULD I HAVE TO

Customer:

CHECK IF A SUMMONS IS CORRECT. I DONT UNDERSTAND HOW I CAN BE SUMMONED TO A COURT ON A DATE THAT THE COURT DOESN'T OPERATE

Customer:

aLSO THE 2ND SUMMONS ARRIVED BY ORDINARY POST WE DIDNT SIGN ANY REGISTERED RECEIPT IS IT STILL SERVED ON US IN THIS INCIDENT

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