Awarded my costs by High Court- what to include?

[Yellow Belly]

Recently won a case in the High Court with costs awarded to me- what can I include in this bill of costs?

I defended myself but did get extensive legal advice in preparing the case etc which I must pay €2,500 plus VAT for. Can I claim such things as travel expenses/parking fees/subsistence allowances/loss of earnings etc for having to travel over 300km round trip for each hearing and be away from work while defending the case?

 

[DirectDevil]

You will have an order against the other party for what is called party and party costs.

Party and party costs are those necessarily and directly incurred in the prosecution or defence of a civil action.

Many of the items you mention would probably fall within the scope of what is recoverable if they are reasonable. If an item is unreasonable it will either not be allowed or it will be reduced.

Generally, a bill of costs will be made up of two primary elements ; the solicitor's instructions or professional fee and outlays.

I have an uncertainty about the legal costs element where you are a personal litigant. There was a precedent that said that personal litigants cannot recover legal costs. However, I think that would relate to the professional fee element as distinct from the outlays. In other words a personal litigant cannot charge or present a professional fee for his own legal services to himself. I only flag this in case you get that argument thrown at you. I suggest that you simply present a bill of costs listing all the items you mentioned including whatever solicitor's fees you incurred and see what happens.

You can negotiate fees with the other side. If there is no agreement costs may have to be taxed but that process costs more money. Negotiation of fees is always best.

Here is a link to the Courts Service about taxation of costs http://www.courts.ie/offices.nsf/lookuppagelink/8AFDD6975A6F081380256E7B004D9971

 

[DirectDevil]

P.S. I think that the decision on costs was Dawson & Anr. -v- Irish Brokers Association. Here is a link http://www.bailii.org/ie/cases/IESC/2002/36.html

P.P.S. Here is a link to the brief Irish Times report of the case http://www.irishtimes.com/news/lay-...ns-cannot-recover-costs-court-rules-1.1056579

 

[Yellow Belly]

Thank you so much DirectDevil- that is brilliant advice/information. Will let you know how it pans out.