My wife/I recent won a civil court case and the court instructed the other side to pay our court costs through their/our solicitors. The other side did not pay this money by the time the court has instructed them to and their solicitors are saying that they do not know where there clients can be found? I have now received a bil from my solicitor to say that as his company could not recover the court costs from the other side, my wife and I are now responsible. To me this does not sound right, as we actually won the case. Should the solicitors have sorted this out between them in the first place? Do they have an insurance pool to cover such events? Am I liable to pay these costs? Any advice would be great.
2007-02-05 00:41:43 · 10 answers · asked by oconndar 1 in Politics & Government ➔ Law & Ethics
You should consult your solicitors, since you may have obtained after the events insurance, if the policy covers you for winning but not recovering costs then you will be fine, however the fact is that most after the event insures only in the event you lose, and therefore pays your legal costs of losing. The solicitor do not sort anything out in so far as request the costs from other sides solicitors, you may find that there has been payment made into court, but you should talk to your solicitors since the award for costs has been made, the not following of the order will become a debt, so if the total amount is over £750, you can pursue them for bankruptcy or liquidation (company). Good luck, even if you can't find them, service to last know address will be fine. But remember they can't legally divert assets to avoid paying, because transactions can be reversed by the insolvency act 1986.
2007-02-05 04:02:05 · answer #1 · answered by logicalawyer 3 · 0⤊ 0⤋
The court may have ordered the other side to pay costs but technically you're liable to pay your solicitors fees so unfortunately you have to pay up.
However, the defendants are in contempt of court if they fail or refuse to pay. At this point your problem is not knowing where they are so it may be worth using the services of a tracing agency to locate them. It's actually very easy to trace a person and 9 times out of 10 the tracing agents will be successful and they're not that expensive, typically £50 to £100.
It's hard to give further advice as your next course of action will be determined by what has happened so far and what the court case revolved around. The Courts Office or your Solicitor can advise how to proceed once you trace the defendants.
2007-02-05 00:47:39 · answer #2 · answered by Trevor 7 · 1⤊ 0⤋
Did your attorney object to the fee arrangement? Did you offer proof to the court of your income? It is important that you pay as much as you can towards the agreement. If you don't attempt to pay anything, the court will go hard on you. If you fall in arrears, a "show cause " order (in some jurisdiction it is the same a contempt of court). you will have to appear to show why you haven't paid. The court can then order you held (jailed) or re-start you payment schedule. And fine you for contempt. If you do not show up , a bench warrant will be issued for your arrest. If the court is forced to issue another show cause, you will be trying the patience of any court. Bring your toothbrush the second time. If you truly feel your attorney did not offer enough resistance or evidence , you may want to try to petition the court with a "motion to reconsider" the payment schedule. But if nothing has significantly changed since the first order, you will just annoy the court. Nobody ever gleefully pays someones attorney fees; be mad but pay up! it is in YOUR best interest now!
2016-05-24 17:50:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is an unfortunate clause that these cases are binding to. That is if the party that you hired has a problem with collecting the debt , they can and will got after the person whom retained the services. Try getting a law advocate in your area, they are free and very helpful....good luck!
2007-02-05 00:51:21 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You might wish to use the CAB for free advice. I think your solicitor will pursue you for payment and you will have to pursue the other party in the case. It sounds extremely unfair, but it happens.
2007-02-05 00:53:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm afraid you have to pay up....this is one of the problems with taking folk to court...orders can be given but not always followed.
2007-02-05 00:45:17 · answer #6 · answered by Anonymous · 0⤊ 1⤋
guess who got paid first. the other sides lawyer. if you do not pay your lawyer he will sue you in court, win and collect. with a past address and 6 clicks of the mouse i can find them.
2007-02-05 02:07:33 · answer #7 · answered by Anonymous · 0⤊ 1⤋
You should take this up with the Law Society.
http://www.lawsociety.org.uk/home.law
2007-02-05 00:45:37 · answer #8 · answered by Polo 7 · 2⤊ 0⤋
Go to citizens advice they will help you.Good Luck
2007-02-05 00:45:48 · answer #9 · answered by Ollie 7 · 2⤊ 0⤋
See (Revelation 16:16). for more information.
2007-02-05 00:44:29 · answer #10 · answered by Kwan Kong 5 · 0⤊ 3⤋