If you win your case, in most cases, you win costs from the other side.
This means that we will charge you fees for the work done during the Injuries Board phase of your case none of which is recovered. We charge you fees for the remainder of the work at a set rate on a time costed basis. This is payable out of any monies recovered from the other side. You should recover an amount of these fees in due course from the other side. Whatever fees are recovered from the other side will be paid to you and can be set against the fees that we charge.
When your case is successfully concluded, we prepare a Bill of Costs (solicitor client ) setting out our fees and expenses together with those of all the experts, barristers, and witnesses employed in your case. This bill is defected from any monies received from the other side.
We also prepare a Bill of Costs (party party Bill ) or submission to the other side. This bill is sent to the other side and we try to agree it with them on your behalf. Sometimes it is not possible to agree the bill and when this occurs, we will ‘Tax’ the bill. This means we send the bill to the County Registrar in Circuit Court cases or to the Taxing Master in High Court or Supreme Court Cases to decide on. This is a process that is also open to you on the Bill of Costs that we send to you personally.
The reason we would go to taxation is that either we fail to agree our solicitor/client Bill of Costs with you or the other side are not prepared to discuss fees, are delaying too long or are not offering enough money. We may need to engage our in house accountant or a legal costs accountant in order to deal with the taxation. In the event that this becomes necessary you will be responsible for the costs of such accountants.
Words of Warning
Even if you win your case and costs, the costs are still, strictly speaking, your costs. While you should recover an amount of your costs from the other side you will have to pay initially costs out of any settlement or award. There is no guarantee that you will be paid the costs by the other side. While this rarely happens it is important to be aware of the time it takes to get these costs, the fact that they have to be agreed and the length of time it takes to recover them.
Also, not all expenses are paid by the other side even if you win your case. In some cases an expert will charge a fee for a report or for attending court and the other side will only pay part of the fee. This is a very important issue that will only come to light after you settle your case and is something that we will discuss with you before any settlement or hearing of your case.