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European small claims - average solicitor costs

  • 01-08-2022 8:41pm
    #1
    veni1986
    Registered Users, Registered Users 2 Posts: 8 ✭


    I am in a dispute about a vacation rental flat I booked in Dublin. I am from Germany and I want 480€ back. Personally I am not sure if I could win the case so I do not want to take a big financial risk settling the dispute.

    Basically the landlord accepted to shift the dates to 2020 or 2021 but then used the flat for long term rentals not keeping the prior promise. The T&C do not cover this case and I do not know the legal situation in Ireland, which laws it tackle and which paragraphs are relevant. In case of a cancellation during the time I asked for a shift I would at least be entitled for a 50% refund.

    The small claims regulation says "tribunal should order that an unsuccessful party be obliged to pay only the costs of the proceedings, including for example any costs resulting from the fact that the other party was represented by a lawyer" but on the other hand "The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.".

    In case I lose I need to pay the solicitor costs for the landlord (if there is one). I have no clue in which range the costs are and when they are disproportionate. Maybe someone can give me some experience, in which range I could expect these costs in a small claims procedure. I would risk some money for a settlement but if I would be more than my claim I would doubt if it makes sense.



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