In Ireland do the legal fees get paid out of a claimant’s award?

The general rule in Ireland regarding costs is that ‘the costs follow the event.’ Essentially this means that, in addition to the damages payment that they are awarded by a court, claimants are entitled to recover a reasonable amount towards the legal costs incurred by them in securing the court judgment in their favour.

Not surprisingly, the amount of legal costs to which a successful claimant is entitled is regularly the subject of argument between the claimant’s and the defendant’s legal teams. If the legal costs cannot be agreed upon between the parties the amounts being sought are submitted to a legal process known as “taxation” in which a court official rules upon how much is allowed for each item of expenditure claimed.

Depending on the terms of the agreement entered into between the solicitor and the client, the solicitor may be willing to accept these “taxed” costs in full for all work done by them or they may seek to recover an additional payment out of the claimant’s damages award.

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Flor McCarthy

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is one of Ireland’s leading lawyers, certified by the Law Society of Ireland in Data Protection Practice. He was chosen as Munster Solicitor of the Year at the Irish Law Awards in 2018. Flor completed his Masters degree in law at University College Dublin. [Read More]

John McCarthy Solicitor West Cork

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John specialises in personal injury and medical negligence claims. His practice focuses on high value compensation cases. He has extensive experience in this area of litigation for over 10 years. John has acted in a wide variety of personal injury, wrongful death, property damage, medical negligence, defective product, professional negligence and judicial. [Read More]