FUNDING YOUR CASE
From our considerable experience in providing a service in the area of personal injury litigation claims, we are well aware of the financial distress and strain a client will experience in the aftermath of an injury. This may result in the client's inability to earn wages whilst they are medically unfit for work.
If we are of the opinion that a case has reasonable prospects of success, we are generally happy to pay up front for all litigation expenses such as medical report fees, PIAB Application Fees, Court Filing Fees and other expenses required to move the litigation along. In our experience, in a typical Circuit Court Action, there would be around €1,000 of expenses to be incurred in order to have the case prepared for Trial and with the barrister, solicitor and certain other experts postponing receipt of their fees until the conclusion of the litigation.
A solicitors' costs are calculated by reference to the following factors:
- how complicated, urgent and important your matter or case is;
- how difficult or new the questions about your matter or case are;
- the skill, specialised knowledge and responsibility of your solicitor and
- staff involved;
- the number of hours your solicitor and staff spend on your matter or case;
- the number and importance of documents they prepare or examine;
- the value of any transaction that might be involved;
- whether your solicitor has to travel to deal with the matter; and
- the circumstances in which your solicitor deals with the matter or case.
In reality, the general principles concerning legal costs are straight forward.
- The client is primarily liable for their solicitors' fees, VAT and any expenses incurred throughout the litigation process.
- When a case is won, or settled out of court, the Defendant will typically be required to pay a contribution towards a client's total legal costs bill. This contribution is called "parte and parte costs", and generally speaking, that contribution would cover the vast majority of the entire costs bill.
- The residual liability of what is not covered by the "parte and parte" costs contribution is called the "solicitor and client costs".
- If litigation is not successful, a client will not receive any "parte and parte" contribution towards their own costs liability, and could expect a court to direct payment of a "parte and parte" costs contribution towards the Defendant's legal bill.