Sueing builder - Irish address

kickstartbtm · #1 15th April 2012, 12:22

Not strictly a business question, but i'm hoping one of the legal bods on here can help.

i am in the process of taking the builder of my house to the small claims court for a variety of unfinished / badly finished tasks.

The address he has used for all legal ocumentation is in Dublin, though I now that he has a UK address (previous registered letter to this adress has been responded to).

He is variously claiming claiming to have no connection with this address, or to have no contact as it s rented out. He oesn't respon to any post sent there.

My plan is to coninue to pursue my claim in the UK using this as the last known address, but would appreciate any input as to whether there is a better course of action?

Many thanks in advance.

kickstartbtm · #2 16th April 2012, 10:46

Super Simon · #3 16th April 2012, 12:20

Is it a limited company? If so, find out what his registered office address is and serve all papers there. It's a legal requirement to have a serviceable registered office.

If his company is registered in Eire, then I am unsure how you would find out his details (although I'm sure a Google search would probably point you in the right direction).

kickstartbtm · #4 16th April 2012, 13:09

Not limited - sole trader I'm afraid.

M-C Hoare · #5 16th April 2012, 13:18

It is a tricky one.
The difficulty is that because you have been given notice that this is not a current address for him, the rules say that you have to take steps to establish his current address. However, once you have to no avail, then you can use the former address as a valid address for service.
"(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.
(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.
(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and
(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b)."
If it was me, I would issue against the England & Wales address and then let him raise the jurisdictional issue if he wants to and deal with it then, showing that you have taken the "reasonable steps" to establish an alternative address.
Hope this helps.
Marie

kickstartbtm · #6 16th April 2012, 14:05

Thank you very much, Marie

I assume that there is little or no value issuing proceedings against the Dublin address?

M-C Hoare · #7 16th April 2012, 14:07

Well, you could but you would have to do that through the Irish Courts. I am unable to give any advice about proceedings in Ireland as I am only E&W qualified.
Marie

matt5791 · #8 17th April 2012, 08:14

The best possible advise I can think of, is, unless your claim is very significant.....forget it. He will duck and dive and you will get nothing, apart from fees from the courts and bills from solicitors.

Anyone who is using different addresses will be experienced at avoiding your advances.

I would spend the money you are going to use chasing him....on rectifying the work. and put it down to experience.