Small Claims Court- do you have to pay the other sides fees if you lose?

_Whimsical_

I have always heard that the Small Claims Court offered an easy inexpensive way for consumers to avail of their statutory rights. However recently I heard that if you take a case and pay your 25 euro and lose that case you will have to pay the other sides costs. The other side will have to pay a solisitor to represent their interests so their costs could in theory be quite expensive.
Anyone know if this is true or if the amount you would have to pay is capped?

It does make sense you'd be liable for their costs but I hadn't considered it before.

ytpe2r5bxkn0c1

Neither side gets awarded costs in SCC, win or lose.

Fred Swanson

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Paulw

I had costs awarded to me before, when the other side's solicitor asked for an adjournment. The judge was having none of it, awarded me the cost of my day, to be paid before the next sitting of the case.

But, you don't have to pay their costs (solicitors and such) if the judgement goes against you, normally.

_Whimsical_

Paulw wrote: »

I had costs awarded to me before, when the other side's solicitor asked for an adjournment. The judge was having none of it, awarded me the cost of my day, to be paid before the next sitting of the case.

But, you don't have to pay their costs (solicitors and such) if the judgement goes against you, normally.

Thank you, that was what I wanted to know. I heard Conor Pope on the radio saying you would have to pay their solicitors fee if it did not go in your favour which would be a huge barrier for a lot of people I would think.

haveringchick

_Whimsical_ wrote: »

Thank you, that was what I wanted to know. I heard Conor Pope on the radio saying you would have to pay their solicitors fee if it did not go in your favour which would be a huge barrier for a lot of people I would think.

I'd imagine you misunderstood Conor Pope
If you instigated a SCC complaint and then for instance didn't turn up on the day with no prior notice or explanation and the defendants, so to speak, had brought a legal professional , then costs would be awarded against you

_Whimsical_

haveringchick wrote: »

I'd imagine you misunderstood Conor Pope
If you instigated a SCC complaint and then for instance didn't turn up on the day with no prior notice or explanation and the defendants, so to speak, had brought a legal professional , then costs would be awarded against you

I don't think I misheard him as a friend of mine who I had encouraged to take a small claims case heard it too and she initially asked me about it so I listened back then.
But I am MUCH relieved to hear it was incorrect because I would have felt awful for encouraging someone into it if it were to backfire like that.
Thanks for clarifying it!

topmanamillion

I thought the whole point of going to SCC was you didn't need to run up solicitor fees?
Representation by a solicitor will take a sizeable wedge of any "small claim" awarded,making the whole thing pointless.
Sit down and watch a couple of episodes of judge July!

L1011

Media consumer rights "experts" can be expected to make one massive cockup per show usually.

haveringchick

topmanamillion wrote: »

I thought the whole point of going to SCC was you didn't need to run up solicitor fees?
Representation by a solicitor will take a sizeable wedge of any "small claim" awarded,making the whole thing pointless.
Sit down and watch a couple of episodes of judge July!

You don't need a solicitor
However, the defendent (so to speak) will often show up in court with legal representation
Lots of big differences between SCC in the US and here. Lots
Judge Judy is very entertaining but most of it is not applicable
For example I cannot take my neighbor to SCC if her child keys my car
The maximum payout here is &2000

Time

_Whimsical_ wrote: »

Thank you, that was what I wanted to know. I heard Conor Pope on the radio saying you would have to pay their solicitors fee if it did not go in your favour which would be a huge barrier for a lot of people I would think.

I honestly have no idea how Conor Pope is lauded as some sort of consumer affairs expert. The man consistently gives misleading and down right false advice. It's infuriating :mad:

Fred Swanson

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L1011

I don't think I can beat the "of course you've a right to refund if you don't want the item, keep arguing and threatening them with court..." angle from one of them.

haveringchick

Fred Swanson wrote: »

Another so called expert once suggested that people sue An Post in small claims for failing to deliver on the passport express guarantee.

Really??? Who was this genius?

Fred Swanson

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dudara

Let's not go there, please. I'd rather we focussed on answering the question rather than heading off on tangents.

dudara