Can I have them pay the court cost to? Or will I be out of pocket for my expenses?
JR - A question under the How Do You Actually Sue Someone? post.
You most definitely will be out of pocket if going to court.
There are two main types of costs involved in litigation.
- Solicitor/ client costs
Which is what your solicitor charges you for doing legal work, this includes anything that the solicitor has done to move your case forward. This includes but isn't limited to: professional's time, photocopying, court filing fees, disbursements, research time, etc.)
- Party/ party costs
This is where the court instructs one party to pay and cover the costs of the other side's legal costs. Depending on the case that you are running, the court order that you get for the party to pay your legal costs may not actually cover what your solicitor has charged you, leaving you out of pocket.
This is similar to when you go to a GP that doesn't bulk bill. The government has decided that x is the price of a GP consultation, but your GP has charged you above that so you pay the 'gap' or the difference between what the government will pay and what your doctor does charge. Except it's not the government paying here, it would be you.
All of this depends on how your solicitor has charged you for work, wether it's a flat fee, or a time based rate or a 'no win- no charge' arrangement, there are pro and cons to all of these as well as varying out of pocket expenses you may incur. Just don't get stuck into thinking that because you've won a legal case that the other side owes you the costs of running your case in court because even if they do it will probably not cover what you have spent getting to court.