Legal fees dispute.... thoughts please (Defence acting the maggot)

kennM

Good evening all,

Try and cut a long story to something that's quick to read.

Personal injuries claim - defence eventually rolled over and admitted 100% liability including costs & have paid up general and special damages. Almost all legal fees have been paid..... 1 last one is being dug in. Engineer report cost X, defence are only prepared to pay Y. Gap between X and Y is a fair bit.

Little history... liability was open and shut from day 1.... defence decided to try and fight. Senior Counsel warned defence that they refused to accept liability they will incur engineer report costs. They didn't, so we had to get engineer report.

This has been dragging on.... what options are open? I'm guessing taxation? is this an expensive/long process? What other options are there?

Appreciate the help as ever all!

Fred Swanson

This post has been deleted.

kennM

Fred Swanson wrote: »

Either taxation or suck it up and forget about it.

The Fred... is there a cost associated with the taxation process itself? Who is liable for this cost?

Apreciate it...

tombren

kennM wrote: »

The Fred... is there a cost associated with the taxation process itself? Who is liable for this cost?

Apreciate it...

The costs associated with Taxation are that you will have to engage a Legal Costs Accountant to prepare a formal Bill of Costs and then have the matter set down for taxation. You will be responsible for paying the Costs Accountant to prepare the Bill and then attend the Taxation. There is also stamp duty in the amount of €275.00 (if it is a High Court matter) for setting the matter down that you will have to pay out but you will recover this from the Defendants after the Taxation. There is also 8% stamp duty to be paid on the overall taxed amount which you will have pay out but again, you will recover this from the other side after the Taxation.

Even if you get your Bill prepared in the next couple of weeks, you won't get a High Court Taxation date until about November.

You should be mindful though that choosing to go to Taxation does not mean that you will automatically recover more. Also, just because it was necessary to engage an Engineer, this does not mean that you are entitled to have his fees paid in full by the Defendants. A Plaintiff will rarely recover these fees in total and there is usually a difference between what is claimed and what the defendant actually pays (Your Solicitor and indeed the engineer should already know this).

The Taxing Master has fairly stringent views on what he will allow on a 'party and party' basis and usually will only allow a certain amount for an inspection, travelling expenses and preparation of booklets & photos.

You have a Senior Counsel

nuac

Some engineers charge high fees.

Even on taxation as ably described above you are unlikely to recover the full amount you are charged.

Talk to your solicitor

billy few mates

Engineers fees are 'reassuringly expensive' ......

Pat Mustard

That's one way of looking at it.

The other way of looking at it is that engineers are entitled to be paid well as qualified professionals, and that it is unfortunate that party-and-party costs that may be recoverable often don't tend to cover their full costs, meaning that injured parties have to pick up the remainder of the tab.

goz83

Just when you thought it was all over eh? I hope it works out Kenn.

nuac

Pat Mustard wrote: »

That's one way of looking at it.

The other way of looking at it is that engineers are entitled to be paid well as qualified professionals, and that it is unfortunate that party-and-party costs that may be recoverable often don't tend to cover their full costs, meaning that injured parties have to pick up the remainder of the tab.

I don't want to start a lawyers v engineers debate, but some engineers charge very highly