Bringing a claim in the correct venue

dobbyn blog image

Bringing a claim in the correct venue

A recent Court of Appeals decision shows the importance of bringing a claim in the correct venue.  In a recent case the Plaintiff brought her case in the High Court.  She was awarded €76,000.00 in the High Court, however, that was appealed by the Defendant to the Court of Appeal.  The Court of Appeal reduced the amount of the award to €41,000.00.  The Court then had to decide who would pay the costs of the appeal, furthermore, a Tender had been offered by the Defendant in the sum of €42,000.00 plus, however, the Plaintiff made a counter offer of €61,000.00.

Ultimately, the Court of Appeal found against the Plaintiff and indeed found the Plaintiff responsible for a substantial portion of the legal costs.  This case illustrates the importance of (a) knowing the value of a claim and (b) knowing the correct jurisdiction in which to bring the claim.  It was a costly mistake for the Plaintiff in this case.