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No Win No Fee

  • 07-11-2010 01:01PM
    #1
    Smoggy
    Registered Users, Registered Users 2 Posts: 1,466 ✭✭✭


    Hi all,

    Can anyone recommend a good firm of no win no fee solictors in Dublin ?

    Thanks


Comments

  • #2
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    Im pretty sure that is not allowed in Ireland... or maybe Im wrong and the cannot advertise themselves as such.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,750 ✭✭✭✭coylemj


    If the policy over in the Dental forum is to be replicated here by the mods then a recommendation via PM is allowed.

    Regardless of whether it's legal or not, I think the dogs in the street know that a personal injury case with a reasonable chance of success will be taken on on a 'no foal no fee' basis by any firm that mentions 'personal injury' in it's advertising or entry in golden pages.


  • #4
    cedissapointed
    Closed Accounts Posts: 66 ✭✭cedissapointed


    No it is not illegal to have a no win no fee solicitor in ireland they have been doing it for years..


  • #5
    Wolfe Tone
    Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone


    cedissapointed wrote: »
    No it is not illegal to have a no win no fee solicitor in ireland they have been doing it for years..
    They are not supposed to advertise themselves as no win no fee though are they?


  • #6
    newmug
    Banned (with Prison Access) Posts: 3,571 ✭✭✭newmug


    What if you win, and are awarded costs, but other side disappears and your own solicitor tries to charge you? Is that legal?


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  • #7
    coylemj
    Registered Users, Registered Users 2 Posts: 25,750 ✭✭✭✭coylemj


    newmug wrote: »
    What if you win, and are awarded costs, but other side disappears and your own solicitor tries to charge you? Is that legal?

    A solicitor or barrister doing a case on a 'no foal, no fee' basis is not going to do so if the defendant is likely to skip, they are only going to sue where the defendant is either an established company with tangible assets which can be seized in lieu of judgement or an insurance company.

    In any event, the 'no foal, no fee' proviosion completely indemnifies you from liability and this applies either if you lose the case or win it but the defendant is unable to or will not pay your costs.


  • #8
    Het-Field
    Closed Accounts Posts: 3,350 ✭✭✭Het-Field


    Smoggy wrote: »
    Hi all,

    Can anyone recommend a good firm of no win no fee solictors in Dublin ?

    Thanks

    As far as I am aware they dont exist in practice. Even if the fee was negotiated as such, it cannot mitigate for the costs which might accrue for losing the case, and im sure your legal advocate will also look for a slice of the pie. Thus, I wouldnt kid yourself that the "no foal no fee" thing is a Roseal job, or exists at all.


  • #9
    coylemj
    Registered Users, Registered Users 2 Posts: 25,750 ✭✭✭✭coylemj


    Het-Field wrote: »
    As far as I am aware they dont exist in practice. Even if the fee was negotiated as such, it cannot mitigate for the costs which might accrue for losing the case, and im sure your legal advocate will also look for a slice of the pie. Thus, I wouldnt kid yourself that the "no foal no fee" thing is a Roseal job.

    I don't think that's true in all cases, I believe you're referring to expenses incurred by the likes of medical speciaiists who have to examine people and submit reports to the lawyers and who expect to be paid regardless of whether the case is won or not.

    As far as I know some of these people are prepared to accept a verbal assurance from the lawyers that the case is so good that the plaintiff can't lose and they do the work on the same contingency basis as the lawyer. Of course this is all done on the unspoken promise of plenty of repeat business from the same ambulance-chasing lawyers.


  • #10
    Het-Field
    Closed Accounts Posts: 3,350 ✭✭✭Het-Field


    coylemj wrote: »
    I don't think that's true in all cases, I believe you're referring to expenses incurred by the likes of medical speciaiists who have to examine people and submit reports to the lawyers and who expect to be paid regardless of whether the case is won or not.

    As far as I know some of these people are prepared to accept a verbal assurance from the lawyers that the case is so good that the plaintiff can't lose and they do the work on the same contingency basis as the lawyer. Of course this is all done on the unspoken promise of plenty of repeat business from the same ambulance-chasing lawyers.

    Cost are incurred by both sides, and it is at the Judges' discretion to decide who pays the cost at the conclusion of the case. If the plaintiff loses the case, it is possible that they will be hit with their own costs, and the costs of the other side.

    So you have no empirical evidence to back up your claims about "ambulance-chasing" lawyers ? These dont exist in Ireland for a multitude of reasons, particularly due to the respective codes of ethics applicable to both sides of the profession. You have also given no evidence regarding the so called unspoken conspiracy between the expert witnesses and the "lawyers".

    OP, I believe that "no foal no fee" is an American and UK style of thing, which has simply no relevance to Ireland.


  • #11
    Smoggy
    Registered Users, Registered Users 2 Posts: 1,466 ✭✭✭Smoggy


    This is a no win no fee
    http://www.personalinjurydirect.ie/
    and Irish

    and also

    http://www.djsynnott.ie/services.php#fee


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  • #12
    Het-Field
    Closed Accounts Posts: 3,350 ✭✭✭Het-Field


    Smoggy wrote: »
    This is a no win no fee
    http://www.personalinjurydirect.ie/
    and Irish

    and also

    http://www.djsynnott.ie/services.php#fee

    I would take a look at the second link regarding costs.


  • #13
    Ronald Sherrif
    Closed Accounts Posts: 13 ✭Ronald Sherrif


    Het-Field wrote: »
    I would take a look at the second link regarding costs.

    There are "no win no fee" solicitors in Ireland. The "no win no fee" is subject to the proviso that an unsuccessful litigant may be ordered to pay the costs of the other side. In personal injury and medical negligence there are many solicitors who are prepared to work on a no win no fee basis. There are also some in the area of judicial review/public law. Outside of those types of litigation it would be on a case by case basis with relatively few solicitors willing to get involved. Since the o/p has not indicated the type of case, I cannot give any further assistance.


  • #14
    Smoggy
    Registered Users, Registered Users 2 Posts: 1,466 ✭✭✭Smoggy


    i believe its personal injury, a family member was injured in a hit and run.


  • #15
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    newmug wrote: »
    What if you win, and are awarded costs, but other side disappears and your own solicitor tries to charge you? Is that legal?

    Yes. You won.


  • #16
    newmug
    Banned (with Prison Access) Posts: 3,571 ✭✭✭newmug


    Reloc8 wrote: »
    Yes. You won.

    But surely then thats "Win or no win, fee anyway"?


  • #17
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    newmug wrote: »
    But surely then thats "Win or no win, fee anyway"?

    No . No win no fee is just that - self explanatory

    In the above instance the person wins their case and thus has to pay a fee.
    Simples :pac:


  • #18
    newmug
    Banned (with Prison Access) Posts: 3,571 ✭✭✭newmug


    delancey42 wrote: »
    No . No win no fee is just that - self explanatory

    In the above instance the person wins their case and thus has to pay a fee.
    Simples :pac:

    No, its not that simple. If the person won their case, which was about, say, suing a company to get his money back, and built into the judgement was an order for the LOSER to pay ALL costs, but the loser does a Houdini and the winner never actually got his money back to pay his own solicitor, even if he wanted to, then what?


  • #19
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    newmug wrote: »
    No, its not that simple. If the person won their case, which was about, say, suing a company to get his money back, and built into the judgement was an order for the LOSER to pay ALL costs, but the loser does a Houdini and the winner never actually got his money back to pay his own solicitor, even if he wanted to, then what?

    Ah , I follow you now. In that case the winner has to pay their legal team their fees out of whatever award they get - they won so they have to pay a fee because the other side have done a runner.
    However , as has previously been said , Solicitors rarely take on such cases unless it's against an insurance company or other entity that's unlikely to take to their toes.


  • #20
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    newmug wrote: »
    No, its not that simple. If the person won their case, which was about, say, suing a company to get his money back, and built into the judgement was an order for the LOSER to pay ALL costs, but the loser does a Houdini and the winner never actually got his money back to pay his own solicitor, even if he wanted to, then what?

    It is that simple. He would be liable to pay his own solicitor.


  • #21
    purplehaze901
    Registered Users, Registered Users 2 Posts: 58 ✭✭purplehaze901


    there are no win no fee solicitors they're just not allowed to advertise it.


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  • #22
    KidMeNotA1
    Registered Users, Registered Users 2 Posts: 41 ✭KidMeNotA1


    see Citizens Information site - gives all the info there. Totally legal to have a 'no,no fee'


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