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Solicitor demanding costs from winning party cos loser wont pay

  • 19-07-2010 11:38PM
    #1
    me_right_one
    Banned (with Prison Access) Posts: 2,043 ✭✭✭


    Hi. A friend of mine had some renovation work done by a small builder. He signed a contract with the builder for what needed to be done, and how much it would cost. In the small print, a clause said that any disputes must be settled through arbitration. The work was a disaster, and it destroyed some valuable historical material. My friend sought legal advise, the case went to arbitration and my friend won, the builder having to pay the full cost of repairs, plus legal costs.

    The builder has since vanished, and friends solicitor says no monies can be recovered from him or his business. Now my friends solicitor is pursuing HIM for the costs.

    Is this legal? Can my friends' solicitor do this?? I'd appreciate all and any help - MRO


Comments

  • #2
    maidhc
    Registered Users, Registered Users 2 Posts: 7,726 ✭✭✭maidhc


    me_right_one wrote: »
    Is this legal? Can my friends' solicitor do this?? I'd appreciate all and any help - MRO

    Who instructed the solicitor to start working on the file in the first place?


  • #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    me_right_one wrote: »

    Is this legal? Can my friends' solicitor do this?? I'd appreciate all and any help - MRO

    A solicitor must set out the basis on which his or fees arise.

    Where an order is made requiring the losing party to pay the costs of the winning party, this does not mean that the winning party does not have to pay their lawyer. It means that the winning party can recover those (or attempt to recover them) from the losing party.

    Yes, it is entirely legal. Your friend engaged somebody to do a job for them, which they did. The fact that the builder in question refuses/fails to satisfy the orders made against him/her is, effectively, your friend's problem, and not the solicitors.


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