Recovering legal costs

kennM

Good evening all,

Quick question for some of our knowledgeable legal eagles.

Is it standard practice for shortfall in legal costs recovery for Senior and Junior Counsel to be recovered from plaintiff? PI claim where defense were found 100% liable for accident. My understanding would be that 100% of all legal costs would be recovered from defense and plaintiff would not be responsible for any legal costs.

Cheers

Pro Hoc Vice

kennM wrote: »

Good evening all,

Quick question for some of our knowledgeable legal eagles.

Is it standard practice for shortfall in legal costs recovery for Senior and Junior Counsel to be recovered from plaintiff? PI claim where defense were found 100% liable for accident. My understanding would be that 100% of all legal costs would be recovered from defense and plaintiff would not be responsible for any legal costs.

Cheers

Your understanding is incorrect. Their are party and party costs and solicitor and client costs. The losing side is usually ordered to pay party and party costs. An example a solicitor should normally only brief one barrister is a circuit court pi case, but for some reason feels it correct in this case to brief 2, then the solicitor will only recover from the other side fees for one. Then the other fee is recovered on a solicitor client basis. Of course if any client is unhappy with any costs he can get same taxed.

kennM

Pro Hoc Vice wrote: »

Your understanding is incorrect. Their are party and party costs and solicitor and client costs. The losing side is usually ordered to pay party and party costs. An example a solicitor should normally only brief one barrister is a circuit court pi case, but for some reason feels it correct in this case to brief 2, then the solicitor will only recover from the other side fees for one. Then the other fee is recovered on a solicitor client basis. Of course if any client is unhappy with any costs he can get same taxed.

Thanks for the update... in this case it was a high court PI case.

McCrack

If there are two Seniors briefed in the High Court they will split their fee along with the junior on a 3/8, 3/8 and 2/8 basis.

The client doesn't pay any surplus.

To answer your Q it's not standard practice for a successful Plaintiff in instances were they have been awarded their costs to pay any shortfall in their Counsel's fees. Counsel will normally accept whatever fee their solicitor can negotiate on their behalf.

Client may have a liability to their solicitor for PIAB work depending on what is agreed.

kennM

McCrack wrote: »

If there are two Seniors briefed in the High Court they will split their fee along with the junior on a 3/8, 3/8 and 2/8 basis.

The client doesn't pay any surplus.

To answer your Q it's not standard practice for a successful Plaintiff in instances were they have been awarded their costs to pay any shortfall in their Counsel's fees. Counsel will normally accept whatever fee their solicitor can negotiate on their behalf.

Client may have a liability to their solicitor for PIAB work depending on what is agreed.

Thanks McCrack.... just to clarify, it was one Junior Counsel and one Senior Counsel for a High Court PI case.

Pro Hoc Vice

McCrack wrote: »

If there are two Seniors briefed in the High Court they will split their fee along with the junior on a 3/8, 3/8 and 2/8 basis.

The client doesn't pay any surplus.

To answer your Q it's not standard practice for a successful Plaintiff in instances were they have been awarded their costs to pay any shortfall in their Counsel's fees. Counsel will normally accept whatever fee their solicitor can negotiate on their behalf.

Client may have a liability to their solicitor for PIAB work depending on what is agreed.

Incorrect while it is standard practice to accept party and party cost a barrister is entitled to be paid his fees as agreed, or to have same taxed if any shortfall is not paid by the other side.

Claw Hammer

Pro Hoc Vice wrote: »

Incorrect while it is standard practice to accept party and party cost a barrister is entitled to be paid his fees as agreed, or to have same taxed if any shortfall is not paid by the other side.

While it is possible, it is almost unheard of for Counsel in a High Court PI to seek to have costs taxed.No costs will be paid out until the taxation is complete which means the solicitor is waiting for years to be paid. The solicitor is most unlikely to brief Counsel who do this again.
Any solicitor and client costs have to be mentioned in the Section 68 letter and the agreement of the client to pay above the going rate for Counsel must be agreed to by the client in writing, in advance.
This is a try on by the solicitor.