okay in today's video I'm going to take a quick look at the parties in legal
proceedings in Irish law you may have been involved or you may have read or
you may have received some sort of a summons or some sort of a legal letter
or you may just have a general interest in this area and who are the party so
let's take a look the party's in legal proceedings in Irish law firstly there
is the plaintiff the plaintiff is the party that brings the action or claim so
he or she is the person who commences the legal proceedings the plaintiff can
be an individual or can be a company then you have the defendant the
defendant is the party against whom the claim is made if you're bringing legal
proceedings it's absolutely vital that you identify and name the correct
defendant so if Mick or Mary do you wrong or all your money no point suing
that Mick or Mary if they provided you a service or did something for you
or over you money in the guise of their limited company in other words you may
if for example Mick was a small build or any limited company and he made an
obviously aims of your conservatory or extension and you're gonna bring some
sort of legal proceedings or if you supplied stuff to make and it's a small
builder and a limited company no point Sue and make you need to sue the company
and if you're not happy with that well then you should have carried out your
due diligence in the first instance to see exactly who you were supplying and
what was the legal entity similarly with Mary Mary could be supplying you with
some sort of a product or she could be doing cleaning for you or she could be
doing you know she could be your dentist or whatever but again make sure that you
have the correct defendant the correct legal entity a minor plaintiff then is a
plaintiff under the age of 18 a minor plaintiff cannot sue on his own or her
own he must sue through a next friend and
that death is normally apparent a person of unsound mind then is an old-fashioned
legal phrase it's somebody operating under a disability and they must sue
through a next friend a minor defendant then is a defendant
obviously that is under the age of 18 again a minor cannot defend legal
proceedings he or she must have a guardian ad litem you will have heard of
guardian ad litems ad infinitum if you pardon upon in relation to children's
courts and a lot of childcare law and that sort of thing where there's a
children involved and where their interests are different perhaps from the
parents and where they need legal representation
clearly they cannot represent themselves and the Canada instructor solicitor so
the court will appoint a guardian ad litem to represent the interests of the
minor a petitioner then is a person bringing proceedings by way of quotation
there's petition there are certain proceedings that you need to petition a
court for it depends on the particular relief or remedy that you're looking for
but if you need to bring a rotation well then that person is the petitioner
likewise you may need to make an application to court then if you do so
there may be no person or no defendant rather but you will need to bring an
application to court and then you will be the applicant for example you may
need to look to have somebody made perhaps a word of court so in those
circumstances I think you are the applicant that may not necessarily be a
defendant but it may be law giving the court discretion to appoint you or
somebody else as a word of court but you will be an applicant but there may not
be defendant the respondent then is the person against the petition or against
whom a petition or application is brought that's a typo their co-defendant
then sometimes with more than one defendant in a legal proceeding yes two
or three people Rob for example a shop and you know it's identified from the
CCTV that there's two or three defendants or two or three people
individuals involved in it well then clearly they're all going to be
prosecutors and they'll be co-defendants I noticed party then is someone who was
not a party to the proceedings but may be affected by the outcome so if two
would acclaim for example or sorry an appeal to perhaps the High Court it
to reclaim at the WRC workplace relations commission or a decision
handed down by the workplace relations commission there may be a claim or some
sort of an application for relief to the High Court the WRC may not be may not be
named as and one of the parties to the proceedings but may be named as an onus
party because clearly the outcome of the decision from the High Court is going to
be of interest to the workplace Relations Commission the Attorney
General then represents the state and the public interest and third parties
may be joined in legal proceedings by a defendant who claims the third party was
responsible for the wrong so the person who is being sued is essentially saying
it wasn't legal it was him and he you know D Rex where is Ed and he may be
joined in the legal proceedings by the defendant con wrongdoer is apparently
joined in the proceedings by a defendant from whom the defendant will seek a
contribution or indemnity so the defendant may accept that there's some
hot liable so much responsible for the loss suffered by the plaintiff but
they'll also say it was somebody else who also contributed to that loss and
that they are concurrent wrongdoer and they should be joined in the proceedings
by the defendant hope you find this useful if you do give us a thumbs up
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found this useful or any other aspect of Eric's law thank
you for watching