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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Plaintiff lost case and costs awarded to defendant.

Customer Question

Plaintiff lost case and costs awarded to defendant. Instalment order. Following that court a letter was sent from D 's solicitor saying that they intended to appeal. In or around the day the notice of the Circuit Court arrived a letter came requesting payment of the instalment order. The P chose not to pay until the appeal had been heard and ruled on. The judge considered this a refusal to pay and increased the instalments by 300%. He then attached the order to the P 's pension. Is all in order?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. I would advise the Plaintiff to appeal the making of the instalment order to the same court to which the appeal of the substantive matter is being heard. Most likely the judge hearing the substantive appeal will postpone the payment of the instalment order until such times as the substantive appeal is heard. Be aware that it is most unusual that an instalment order is made in relation to costs of a lower court hearing when there is an appeal outstanding.

Expert:  Buachaill replied 1 year ago.

2. It appears as if the judge hearing the instalment order proceedings took a personal dislike of the Plaintiff in both raising the instalment order by 300% and by applying it against the pension of the Plaintiff. Accordingly, I would suggest that the Plaintiff get the matter heard on appeal by a neutral judge at the earliest opportunity. These facts are most unusual and seem to suggest that the Plaintiff has already been doubly punished for losing his action by the judge who heard the initial action.

Customer: replied 1 year ago.
I am re-presenting the whole case. McG sold a car to JL and during the negotiations gave JL certain assurances about the car. The car did not live up to the assurances and substantial costs were incurred. JL took proceedings against McG based on exception to Caveat Emptor. Visiting Judge refused to listen to the case made and did not allow JL to call his witness of assurances given. Costs were awarded against JL. JL offered to pay costs in installments. Refused by Solr for McG. At a hearing on 3rd Sept. 2014, Resident Judge set a figure of x/month. As JL, who was encountering severe financial difficulties, was unsure of standing order being met by bank, offered to pay cash and suggested that a secretary of the solicitor, who lived near JL might collect the money. A breach of installment order case was heard on on 4th Feb. 2015. Resident Judge was annoyed with JL. JL outlined his reasons -as above - and apologised to this court. Judge, having reviewed further financial submissions by JL reduced installment order by 25%. on 12th Feb. 2015 Solr for McG wrote to JL advising of intention to appeal to Circuit court. Acknowledged by JL on March 3rd and asked to be advised of Court date. Solr for McG, on 4th June 2015 sent a copy of Order varying Installment order and invited payment. JL considered that there was a conflict between demand for payment and intention to appeal decided to await outcome of appeal. 20th July there was a callover for hearing of the appeal and the appeal was heard on 6th October 2015. Judge increased the reduced installment to 333.33% of original. JL had presented a bank statement showing previous months figures going from plus €350 t0 minus €190. JL pointed out to the Judge that he would not be able to make the payment. The Judge said that he,JL, would have no option as he was ordering it to be taken from JL's pension. Please advise if the judge acted properly and what recourse is available to JL. Would it necessitate going to the High Court. Thank you.
Expert:  Buachaill replied 1 year ago.

3. This is a fresh question going beyond the scope of the existing question. So I would suggest you either rate the current question and then continue or else you file a separate question.