High Court Judicial Review and Fees

Monife

Hi,

My situation is as follows. My partner and I are bringing a high court judicial review against the department of justice.

From the onset, I told my solicitor we cannot pay any fees as we have no assets and I am the only one in employment at the moment (after tax: €375/week). She mentioned that the junior and senior barrister are very interested in our case and think it is a very strong case and that they would recoup their costs from the other side, we just had to pay €1,000 for the running of the case (paid in fortnightly installments).

She said even if we do not win, that they are going to try and get an order of costs against the department as we had no other option but judicial review and that our case is of public importance. She also said, if this fails, that the department could try and get an order of costs against us but probably wouldn't pursue same as it would cost them more money than it is worth as we have no assets or savings.

My questions are should we lose the case:

1. Can our solicitors come back and ask us to pay their fees? (Which would be well over €50,000 I could imagine, well over)
2. Do you think the department would pursue an order of costs against us and if so, what happens?
3. Does having an order of costs against you, that you cannot pay, affect your credit rating and subsequently stop us from ever getting a mortgage etc in the future?

Sorry for the long post and welcome any advice (I know it's not legal advice, but any advice).

Thanks.

blueythebear

Monife wrote: »

Hi,

My situation is as follows. My partner and I are bringing a high court judicial review against the department of justice.

From the onset, I told my solicitor we cannot pay any fees as we have no assets and I am the only one in employment at the moment (after tax: €375/week). She mentioned that the junior and senior barrister are very interested in our case and think it is a very strong case and that they would recoup their costs from the other side, we just had to pay €1,000 for the running of the case (paid in fortnightly installments).

She said even if we do not win, that they are going to try and get an order of costs against the department as we had no other option but judicial review and that our case is of public importance. She also said, if this fails, that the department could try and get an order of costs against us but probably wouldn't pursue same as it would cost them more money than it is worth as we have no assets or savings.

My questions are should we lose the case:

1. Can our solicitors come back and ask us to pay their fees? (Which would be well over €50,000 I could imagine, well over)
2. Do you think the department would pursue an order of costs against us and if so, what happens?
3. Does having an order of costs against you, that you cannot pay, affect your credit rating and subsequently stop us from ever getting a mortgage etc in the future?

Sorry for the long post and welcome any advice (I know it's not legal advice, but any advice).

Thanks.

1. Your solicitor can come back and ask for the fees. You will need to make sure that it is very clear that you will not be in a position to bear the costs should you lose. A S68 letter from your solicitor setting the fee arrangemnt out would be recommended. However, any solicitor is aware that the costs of High Court Judicial Review are too much for the average person to incur. It seems like your solicitor is strongly suggesting that you go ahead with the matter. I would be extremely surprised if they chased you for costs if it was unsuccessful.

2. The Department may pursue you for costs. I've never heard of it actually happening but they could, if they felt that they could obtain the costs and the court awarded costs against you. This is always the risk with litigation, that you may have to bear costs. However, your soliictor and 2 barristers feel it's a good case so I would rely on their judgement.

3. Yes, if the debt is not discharged.

Monife

Thanks a mil for that.

Yeah I got that letter you mentioned setting out the costs, wondered why I got it when I thought we weren't paying costs.

Already in the process anyway, no going back. Hearing in April.

Thanks again.

Reloc8

You can't take anything you get on here (noting that you have no idea who is providing the advice or whether they have any clue what they are talking about) and weigh it up against the advice of your solicitor so as to make sensible decisions.

You have a solicitor. Why in the name of [insert deity] would you not ask them these questions.

blueythebear wrote: »

2. The Department may pursue you for costs. I've never heard of it actually happening but they could, if they felt that they could obtain the costs and the court awarded costs against you. This is always the risk with litigation, that you may have to bear costs. However, your soliictor and 2 barristers feel it's a good case so I would rely on their judgement.

.

It has happened plenty of times, where a judicial review is unsuccessful.

Just for crack, go to a solicitor and ask them to write and sign a letter which says the following :-

'Dear Client,

I guarantee you that if you lose your case the Defendant/Respondent will not seek to enforce any costs order against you.

Yours etc.

Your Solicitor'

blueythebear

Reloc8 wrote: »

It has happened plenty of times, where a judicial review is unsuccessful.

Just for crack, go to a solicitor and ask them to write and sign a letter which says the following :-

'Dear Client,

I guarantee you that if you lose your case the Defendant/Respondent will not seek to enforce any costs order against you.

Yours etc.

Your Solicitor'

I understand your point but I do think you're being somewhat facetious with your "dear client" coment. I said I've never heard of the State pursuing costs in a judicial review case but of course that does not mean it hasn't happened.

You'll note that my post goes on to say the State could, if they felt they could be successful, pursue costs and that this is always a risk in litigation. I went on to say that the OP should rely on his legal team in the circumstances.

For what it's worth, I think we're mainly in agreement on the matter, i.e. that the OP should rely on advice of his legal team in relation to this matter.

nuac

Yes to all three queries.

No plaintiff's solicitor can guarantee or ensure that a successful defendant will not seek costs against the plaintiff.

Be very careful about this.

Toby2126

I am not replying to anyone here but would like opinions
I loaned 60k to close relative cheque made out to company he runs :mad: trust is a terrible thing - despite schedule of repayment I have not received a penny of it after year and half.
would have to go to high court to recover the debt. any idea how much it would cost me to take him to court.