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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 145
Experience:  and Mediator practicing in Cork, Ireland.
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Hi there, I am being sued in the high court but given that

Resolved Question:

Hi there,

I am being sued in the high court but given that the costs of hiring a defence are significant, I do not have the funds to hire a solicitor and barrister. I would probably be above a means test as my partner is earning a wage and we own a house so I don't see how we can get legal aid.

The actual amount involved in the case is trivial but the legal defence costs (and possible damages) are enough to bankrupt us. I already owe legal costs on defending the initial injunction.

What options do I have? At the moment it seems that all I can to is not to contest the case?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

Do you think that you have a good defence? If you have a good chance of winning, then a solicitor may agree to take your case on on the basis that their fees (or most of them) will be paid by the other side if you win.

cmcsolicitor :

If you do not think that you have a good case, then I wonder why you are considering proceeding to defend it in the High Court. If you lose, you will be fixed with the costs of the plaintiff's defence.

cmcsolicitor :

You should consult with a solicitor (or two) about it. Even if you have to pay a bit for the consultation, it will help you to decide how to proceed - whether to proceed to defend the case, or to settle it now altogether.

cmcsolicitor :

You say that the amount involved in the case is trivial. If that is the case, then you may be well advised to pay it rather than risk accruing even more losses.

Customer:

I believe that I have a good defence. I also believed that I had a good defence in the preliminary injunction which was granted against me.

Customer:

I believe that I have a good defence. I also believed that I had a good defence in the preliminary injunction which was granted against me so I am somewhat nervous about approaching a 'no win no fee' arrangement with a lawyer.

Customer:

If we do defend it and lose, then we are stuck with the plaintiffs costs. Which will bankrupt us.
If we do not defend the case we will probably be stuck with costs

cmcsolicitor, Solicitor
Satisfied Customers: 145
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
That is true. The usual course of action would be that your team would prepare the formal Defense document. If there is something to it, then neither side will want to take the risk of actually going before a Judge (because of the increased costs associated with actually running the case). Instead, your lawyers would settle the matter on the steps of the courthouse on the morning the matter is due to run. By then, each side will have built up significant legal costs. It seems that, in a matter which you say involves a trivial sum, the only people likely to do well out of this dispute are the lawyers. If you can settle the matter well before that stage, you might be a lot better off.
You say yourself: "The actual amount involved in the case is trivial but the legal defence costs (and possible damages) are enough to bankrupt us". So why not pay the actual amount involved, and then negotiate a settlement for the legal costs before they run away with you any further then they already have. Your lawyers are not likely to suggest this course of action, for obvious reasons.

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