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Settlement Cheque overdue - is this usual?

  • 21-05-2019 8:14pm
    #1
    Hannaho
    Registered Users Posts: 722 ✭✭✭


    My settlement cheque was supposed to arrive within 28 days - it hasn't. The settlement was for an amount plus costs, those costs that weren't agreed between my solicitors and insurance company, were to taxed. The solicitor states he has repeatedly asked for the cheque. Is this a regular occurrence - 2 weeks late now.


Comments

  • #2
    missyb01
    Registered Users Posts: 73 ✭✭missyb01


    Not unusual by any means. Some Irish insurers are slower than others and also if the insurers are based outside of Ireland, it can add to the delay. As long as your solicitor keeps chasing it Up. As for the costs aspect, this will take much longer and shouldn’t have any bearing on the settlement cheque being sent.


  • #3
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    The costs the other side pay will only be party and party costs. What and Solicitor and Client costs?


  • #4
    Triangle
    Registered Users Posts: 960 ✭✭✭Triangle


    Hannaho wrote: »
    My settlement cheque was supposed to arrive within 28 days - it hasn't. The settlement was for an amount plus costs, those costs that weren't agreed between my solicitors and insurance company, were to taxed. The solicitor states he has repeatedly asked for the cheque. Is this a regular occurrence - 2 weeks late now.

    Under the consumer protection code, if it's an insurance company in the republic, they have to adhere to this code. Within it is timelines for making payment once an agreement is made.

    Your solicitor should be pursuing these lines to get the cheque.


  • #5
    Hannaho
    Registered Users Posts: 722 ✭✭✭Hannaho


    Thanks to all of you for your replies. The settlement is re professional negligence. The insurance company for the professional is in the UK. I don't know then if Irish timelines apply for sending on settlement cheques? Re solicitor-client costs - the settlement included all costs. This was something I stipulated that there would be no settlement unless all costs were covered. - I had already paid for reports etc. up front, as well as paid High Court stamping fees up front.


  • #6
    AliAMG
    Registered Users Posts: 14 ✭AliAMG


    Hannaho wrote: »
    Thanks to all of you for your replies. The settlement is re professional negligence. The insurance company for the professional is in the UK. I don't know then if Irish timelines apply for sending on settlement cheques? Re solicitor-client costs - the settlement included all costs. This was something I stipulated that there would be no settlement unless all costs were covered. - I had already paid for reports etc. up front, as well as paid High Court stamping fees up front.

    "This was something I stipulated that there would be no settlement unless all costs were covered"

    Stipulated with who? your own Solicitor or the guilty party's solicitor?


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  • #7
    Claw Hammer
    Registered Users Posts: 6,153 ✭✭✭Claw Hammer


    AliAMG wrote: »
    "This was something I stipulated that there would be no settlement unless all costs were covered"

    Stipulated with who? your own Solicitor or the guilty party's solicitor?

    The guilty part's solicitor or not going to write a blank cheque. Of course it was with his own solicitor.


  • #8
    AliAMG
    Registered Users Posts: 14 ✭AliAMG


    Claw Hammer wrote: »
    The guilty part's solicitor or not going to write a blank cheque. Of course it was with his own solicitor.

    Of course they are not obliged to write a blank cheque.

    There are different types of recoverable costs. I was wondering if there was a pre-condition of the settlement that the costs would be on a solicitor and own client basis or not, so no need for the snarky comment.


  • #9
    Claw Hammer
    Registered Users Posts: 6,153 ✭✭✭Claw Hammer


    AliAMG wrote: »
    Of course they are not obliged to write a blank cheque.

    There are different types of recoverable costs. I was wondering if there was a pre-condition of the settlement that the costs would be on a solicitor and own client basis or not, so no need for the snarky comment.

    Only party an party costs are recoverable from the other side, unlss the court orders it, which would only happen in exceptional circumstances. There is no way the other side would agree to solicitor and own client costs since it would be writing a blank cheque. In any case the other sides solicitor would not be talking to the o/p. He would only be talking to his own solicitor.


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