Hello,
After a 12 year period, I finally won a Circuit Court hearing about a dispute with a neighbour / party wall / encroachment / property damage etc.
The judge awarded costs and a sizeable damages (€14K), coming to a total of about €70,000.
The Defendant (who is a good mark for the money) was shocked at the loss, and has since ceased all communications with his legal team.
The Court order is damages and costs, where the costs are to be " taxed in default of agreement". However, as the Defendant has gone quiet, I now face a substantial bill to have the bill of costs 'taxed', and will have to pay this on my own (rather than shared), an in order to get a judgement, which is a pre-requisite to taking any further action.
While I have paid some (about a third) of the fees to all the expert witnesses, engineers, legal team etc, I still have outstanding bills with them all.
Not only will I have the taxation bill to pay to Legal Cost Accountant, but this will take substantial time.
Naively, I assume it would be a relatively straightforward process after the Circuit Court judgement, but now it seems it will be very difficult to recover these costs and damages. Even with a charge on his home, I would have to wait until he sold the property etc, All very depressing!
My question ...the first time I learned of "taxation", sheriffs, charges on property, or even how difficult/unlikely it will be to recover these debts, etc was after the Circuit Court hearing. Is this not something i should have been informed about before now? Even my own legal team seem to have taken the foot off the gas on the matter, and I'm getting wooly answers about how this process will pan out, how long it might take, and how much it will cost.
The irony in all of this is that not being able to recover these costs, and/or the additional expense to try, could leave me in a bankrupt position.
I'd welcome any thoughts or advice from my learned friends on here.
GRMA
After a 12 year period, I finally won a Circuit Court hearing about a dispute with a neighbour / party wall / encroachment / property damage etc.
The judge awarded costs and a sizeable damages (€14K), coming to a total of about €70,000.
The Defendant (who is a good mark for the money) was shocked at the loss, and has since ceased all communications with his legal team.
The Court order is damages and costs, where the costs are to be " taxed in default of agreement". However, as the Defendant has gone quiet, I now face a substantial bill to have the bill of costs 'taxed', and will have to pay this on my own (rather than shared), an in order to get a judgement, which is a pre-requisite to taking any further action.
While I have paid some (about a third) of the fees to all the expert witnesses, engineers, legal team etc, I still have outstanding bills with them all.
Not only will I have the taxation bill to pay to Legal Cost Accountant, but this will take substantial time.
Naively, I assume it would be a relatively straightforward process after the Circuit Court judgement, but now it seems it will be very difficult to recover these costs and damages. Even with a charge on his home, I would have to wait until he sold the property etc, All very depressing!
My question ...the first time I learned of "taxation", sheriffs, charges on property, or even how difficult/unlikely it will be to recover these debts, etc was after the Circuit Court hearing. Is this not something i should have been informed about before now? Even my own legal team seem to have taken the foot off the gas on the matter, and I'm getting wooly answers about how this process will pan out, how long it might take, and how much it will cost.
The irony in all of this is that not being able to recover these costs, and/or the additional expense to try, could leave me in a bankrupt position.
I'd welcome any thoughts or advice from my learned friends on here.
GRMA
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