What Happens If You WIn Your Case?
If you win your case, either by settling the case before you go to court or winning your case at court, you may be able to gain some or all of your solicitor’s costs from the losing side. This will be either via agreement with the other side, before going to court, or a Costs Order made by a judge if you end up in court.
Case Settles Before Court
The responsibility for costs should also be agreed at this point and the specific monetary amount included in the final agreement.
Case Goes To Court
Once it is known who has won the case, the Judge will assess how much of the costs will need to be paid and by whom. This seems quite straight forward, but can sometimes be very complex. It is possible to be the “winning party” and still be responsible for some of the “losing party’s” costs, or even not have your costs paid at all. In their assessment of the costs, if the judge thinks the “winning party’s conduct has been unreasonable at any time, they can order for the losing party’s costs, of that part of the case, to be paid by the winning party. In extreme circumstances, for example, where the winning party has perhaps refused to consider mediation, they might order the winning party to pay their own costs and even some of the losing party’s. There are no hard and fast rules and a judge is able to use their reasonable discretion.