court case why should client pay - Page 2

tantallon · 16th November 2018, 17:57

Quote:

Originally Posted by Yella Fella

Solicitors give advice. Solicitors take instruction from the client. Its the clients call to progress, or not.

Judges decide the verdict.

Darcydog · 16th November 2018, 18:19

I thought there was a well known rule of thumb that stated that the only people to always gain out of any sort of litigation were the lawyers irrespective of what “sides” they represent

Gate Keeper · 16th November 2018, 20:01

We took a civil action against a 3rd party to recover a large debt and it went to the High Court March 2018. We won our case and had to pay the legal costs involved ourselves. We had to pay extra to get the 3rd party credit blacklisted. The 3rd party legged it and I doubt we will see what we are owed ever again. I agree, in court there are no guarantees, except the lawyers are quids in.

Apologies to any lawyers or relatives of lawyers, but you will get screwed for every penny. One way of cutting costs, is to engage a barrister to represent you in court and not bother with a solicitor. Be very sure of your grounds.

I can only speak from personal experience, the fees for a barrister to argue your case, ranges from £200 p.h - £1500 p.h depending on their grade and specialty/experience. Another option is: choose mediation/advocacy where possible and avoid court. No matter which side your on, going to court and the lead up to it is a very stressful business. Good luck with that.

rustymotor · 17th November 2018, 07:02

Years ago I employed patent lawyers after one meeting in Leeds the bill was in the region of £1700 which I thought was very high. I sent the bill to the Law Society they reduced it by £500..A friend also got a bill from his sols for £1200 to negotiate a standard lease..I told him to tell his sols he would refer the bill to the LS they instantly reduced it to £350..

MSS · 17th November 2018, 07:14

Quote:

Originally Posted by Gate Keeper

We took a civil action against a 3rd party to recover a large debt and it went to the High Court March 2018. We won our case and had to pay the legal costs involved ourselves. We had to pay extra to get the 3rd party credit blacklisted. The 3rd party legged it and I doubt we will see what we are owed ever again. I agree, in court there are no guarantees, except the lawyers are quids in.

Apologies to any lawyers or relatives of lawyers, but you will get screwed for every penny. One way of cutting costs, is to engage a barrister to represent you in court and not bother with a solicitor. Be very sure of your grounds.

I can only speak from personal experience, the fees for a barrister to argue your case, ranges from £200 p.h - £1500 p.h depending on their grade and specialty/experience. Another option is: choose mediation/advocacy where possible and avoid court. No matter which side your on, going to court and the lead up to it is a very stressful business. Good luck with that.

An excellent post Phil.

It is worth pointing out that many Barristers will only take instruction from a solicitor.

The ideal scenario with a court is to manage without going to one with a case.

WillyHeckaslike · 1st August 2019, 10:34

Quote:

Originally Posted by Nick Greg

A jury is a body of 13 men and women ...

Nay nay nay Mr Wilkes - a Baker's dozen is not allowed.

Quote:

Originally Posted by macafee2

Is the law always right ...?

The law is not necessarily the arbiter of right and wrong just as it does not cover all situations. When in doubt the best advice I think is to ask yourself:

What would happen if everyone did it?

macafee2 · 1st August 2019, 19:36

Quote:

Originally Posted by OliverTailor

If you finally win your case, either by settling the case before you go to court or winning your case at court, you may be able to gain some or all of your solicitor’s costs from the losing side. This will be either via agreement with the other side, before going to court, or a Costs Order made by a judge if you end up in court.

but you may only get a portion of your costs not all and then the other side may still not pay, see... Cant Pay we'll take it away.

macafee2

Darcydog · 2nd August 2019, 06:14

Hi Ian

Going to Court should really be a last resort. As other have said - even if you win your case - you can still be out of pocket if you have to pay your own legal costs.

If you lose you might have to pay the other sides cost as well as your own!!

A couple of point where some are, I believe, mistaken:-

A) In a Jury case - the Judge does not decide the verdict but they do decide the sentence. A judge can dismiss the case if new evidence is found that indicates the case should never have been brought in the first place.

B) The number of jurors varies according to the type of Court - but it is never 13

Crown Court and High Court - 12 Jurors

County Court - 8 Jurors

Coroners Court - between 7 and 11 Jurors

Magistrates Court is the closest to a none Jury “Judgement” but Magistrates are Lay People also know as Justices of the Peace. There is no requirement for formal legal qualifications but they do have to be trained in the role. They refer serious cases up to higher courts

Arbitration is usually a better “bet”.

And I use the term “bet” advisedly. Because going to Court is playing the odds.

Extremely rare that those odds are ever even close to 100% in either sides favour - if they were then one side would capitulate and settle out of court.

And remember much of U.K. law is precedent based - ie previous similar cases lay down case law. This means that (dare I say?) the unscrupulous legal bods can chose a case that suits. As does the other side

macafee2 · 2nd August 2019, 07:01

Quote:

Originally Posted by Darcydog

Hi Ian

Going to Court should really be a last resort. As other have said - even if you win your case - you can still be out of pocket if you have to pay your own legal costs.

If you lose you might have to pay the other sides cost as well as your own!!

A couple of point where some are, I believe, mistaken:-

A) In a Jury case - the Judge does not decide the verdict but they do decide the sentence. A judge can dismiss the case if new evidence is found that indicates the case should never have been brought in the first place.

B) The number of jurors varies according to the type of Court - but it is never 13

Crown Court and High Court - 12 Jurors

County Court - 8 Jurors

Coroners Court - between 7 and 11 Jurors

Magistrates Court is the closest to a none Jury “Judgement” but Magistrates are Lay People also know as Justices of the Peace. There is no requirement for formal legal qualifications but they do have to be trained in the role. They refer serious cases up to higher courts

Arbitration is usually a better “bet”.

And I use the term “bet” advisedly. Because going to Court is playing the odds.

Extremely rare that those odds are ever even close to 100% in either sides favour - if they were then one side would capitulate and settle out of court.

And remember much of U.K. law is precedent based - ie previous similar cases lay down case law. This means that (dare I say?) the unscrupulous legal bods can chose a case that suits. As does the other side

ya know win or lose will probably be out of pocket.
lets hope evidence is the key to success.

macafee2

Darcydog · 2nd August 2019, 07:21

Quote:

Originally Posted by macafee2

ya know win or lose will probably be out of pocket.
lets hope evidence is the key to success.

macafee2

Indeed - we wish you all the very best.

16th November 2018, 20:01	#13
Gate Keeper This is my second home 4X4 Join Date: Jul 2010 Location: Nairobi Posts: 20,064 Thanks: 8,286 Thanked 7,017 Times in 4,160 Posts	We took a civil action against a 3rd party to recover a large debt and it went to the High Court March 2018. We won our case and had to pay the legal costs involved ourselves. We had to pay extra to get the 3rd party credit blacklisted. The 3rd party legged it and I doubt we will see what we are owed ever again. I agree, in court there are no guarantees, except the lawyers are quids in. Apologies to any lawyers or relatives of lawyers, but you will get screwed for every penny. One way of cutting costs, is to engage a barrister to represent you in court and not bother with a solicitor. Be very sure of your grounds. I can only speak from personal experience, the fees for a barrister to argue your case, ranges from £200 p.h - £1500 p.h depending on their grade and specialty/experience. Another option is: choose mediation/advocacy where possible and avoid court. No matter which side your on, going to court and the lead up to it is a very stressful business. Good luck with that. Last edited by Gate Keeper; 16th November 2018 at 20:10..

2nd August 2019, 06:14	#18
Darcydog This is my second home Join Date: Jul 2014 Posts: 5,428 Thanks: 3,123 Thanked 3,170 Times in 2,096 Posts	Hi Ian Going to Court should really be a last resort. As other have said - even if you win your case - you can still be out of pocket if you have to pay your own legal costs. If you lose you might have to pay the other sides cost as well as your own!! A couple of point where some are, I believe, mistaken:- A) In a Jury case - the Judge does not decide the verdict but they do decide the sentence. A judge can dismiss the case if new evidence is found that indicates the case should never have been brought in the first place. B) The number of jurors varies according to the type of Court - but it is never 13 Crown Court and High Court - 12 Jurors County Court - 8 Jurors Coroners Court - between 7 and 11 Jurors Magistrates Court is the closest to a none Jury “Judgement” but Magistrates are Lay People also know as Justices of the Peace. There is no requirement for formal legal qualifications but they do have to be trained in the role. They refer serious cases up to higher courts Arbitration is usually a better “bet”. And I use the term “bet” advisedly. Because going to Court is playing the odds. Extremely rare that those odds are ever even close to 100% in either sides favour - if they were then one side would capitulate and settle out of court. And remember much of U.K. law is precedent based - ie previous similar cases lay down case law. This means that (dare I say?) the unscrupulous legal bods can chose a case that suits. As does the other side Last edited by Darcydog; 2nd August 2019 at 06:37..

16th November 2018, 18:19	#12
Darcydog This is my second home Join Date: Jul 2014 Posts: 5,428 Thanks: 3,123 Thanked 3,170 Times in 2,096 Posts	I thought there was a well known rule of thumb that stated that the only people to always gain out of any sort of litigation were the lawyers irrespective of what “sides” they represent

17th November 2018, 07:02	#14
rustymotor Posted a thing or two Rover 75 Tourer Join Date: May 2017 Location: Hull Posts: 1,848 Thanks: 216 Thanked 432 Times in 340 Posts	Years ago I employed patent lawyers after one meeting in Leeds the bill was in the region of £1700 which I thought was very high. I sent the bill to the Law Society they reduced it by £500..A friend also got a bill from his sols for £1200 to negotiate a standard lease..I told him to tell his sols he would refer the bill to the LS they instantly reduced it to £350..