Who pays the piper ?

Shelflife

Went to the Four courts (high court) yesterday to see our legal system in operation.

A lady fell in a hotel, she claimed floor was wet , they said it wasn’t, evidence given in the afternoon session and everyone to return this morning.

I arrived in this morning to find that the case had been withdrawn by the lady in question.

There seemed to be plenty of people involved, nearly two years since it happened so plenty of time and effort went into it all.

The question is , who pays for all involved in the case?

hullaballoo

It depends on the terms agreed between the parties to facilitate withdrawal of the claim.

The defendant is normally entitled to their costs being paid by the plaintiff if a case is withdrawn by a plaintiff. That would include the costs of a one day hearing.

However, there is room for negotiation about the terms, which includes each party agreeing to pay their own costs.

If you are certain it was withdrawn rather than settled, those are the likely outcomes.

If the defendant gets costs, they might not pursue an impecunious plaintiff and they will bear their own costs to an extent a lot of the time. The plaintiff's lawyers usually done get paid one red penny in this scenario.

ShatterResistant

hullaballoo wrote: »

If the defendant gets costs, they might not pursue an impecunious plaintiff and they will bear their own costs to an extent a lot of the time. The plaintiff's lawyers usually done get paid one red penny in this scenario.

Why would the plaintiffs lawyers not get a penny given she instructed them to take the case? Or do you mean from the defendants in the case that they bear their own, meaning the plaintiff will still have to work it out with them?

Edit: Just googled the word impecunious. Never mind, scarlet.

4ensic15

ShatterResistant wrote: »

Why would the plaintiffs lawyers not get a penny given she instructed them to take the case? .

It will have been on a no-foal, no-fee basis.