Can I claim my legal costs against the other party?

Answer

When you’re dealing with a legal dispute, there are many things you're going to be concerned about. One of the most pressing questions is whether or not you can recover your legal costs from the other party. 

The answer depends largely on the type of case and its specific circumstances.

If you're unsure about claiming your legal costs, our experienced solicitors at GloverPriest can help. We can guide you through the process and effectively represent your interests.

Contact us today to discuss your options.

What Factors Affect Cost Claims?

There are many factors that can influence whether your legal costs will be covered by the other party. This might include:

• The type of legal case
• The outcome of the case
• The judge’s discretion
• Any pre-existing agreements between the parties

Who Pays Court Costs in Civil Cases in the UK?

In civil cases, such as litigation matters, the general rule is that the losing party usually pays the winning party's legal costs. However, this isn’t always straightforward and can depend on the judge's discretion.

Divorce Costs in the UK: Who Pays?

In previous divorce cases, if your claim was based on adultery, unreasonable behaviour, or desertion by the other party, you might have been able to claim your court costs and legal fees against them. However, with the introduction of a no-fault divorce option in 2022, this is becoming less common. Generally, each person involved in the divorce will pay their own legal fees.

Who Pays Court Costs in Family Law Cases?

In family law matters, it’s less common to claim costs and, typically, each party bears their own expenses unless the court orders otherwise.

Who Pays Legal Fees in a Forced House Sale?

In the event of a forced house sale, which is mostly common in divorce or separation cases, the court will decide who will pay the legal fees. The losing party will usually be required to cover the legal costs of the other party, but this can vary depending on the specifics of the case.

What Happens if You Lose in Small Claims Court UK?

If you lose in small claims court in the UK, you'll generally be responsible for your own legal costs. In these cases, each party usually covers their own costs regardless of the outcome, although there can be exceptions (such as unreasonable behaviour).

Who Is Exempt from Paying Court Fees?

Certain individuals might be exempt from paying court fees in the UK. This can include those receiving specific benefits, those with a low income, or those facing financial hardship. It's important to check the eligibility criteria and apply for fee remission if you think you qualify.

What if the Other Party Cannot Pay?

If the other party cannot pay the awarded costs, you might need to take additional legal action to enforce the payment, which could incur further costs.

How Can GloverPriest Help?

If you're uncertain about reclaiming your legal costs or need assistance with your case, our experienced solicitors at GloverPriest can help.

Working with an experienced solicitor can increase your chances of successfully claiming legal costs and winning your case. A solicitor can guide you through the process and represent your interests effectively.

Contact us today to discuss your situation and learn more about your options.