Winning a Court Case

[johnerebus]

Unless I was taking too many painkillers yesterday (bad back) I think I read somewhere that if a person engages a solicitor here in The TRNC for a court case and wins that any awards go to the solicitor and not the client. Does anyone know anything about this or should I stay drug free?

[elkiton]

Stay drug free and ignore TRNC urban legends!

[tomsteel]

Apparently, plaintiffs costs awarded by a court are taken by his/her/their advocate(s) - (no solicitors or barristers in the TRNC legal system).

[Groucho]

Apparently, plaintiffs costs awarded by a court are taken by his/her/their advocate(s) - (no solicitors or barristers in the TRNC legal system).

Even though they will swear blind that they are barristers....

So costs go to winner's Advocate (seems about OK) and rest of compensation goes to the plaintiff.

[waddo]

Don't worry about it, when was the last time you heard of anyone winning anyway - lol.

[snd1966]

I must admit I have wondered if even when it says they win do they really?
there were those famous headlines yes he is innocent after about 65 court appearance, a big sum of compensation was mentioned plus the house money.
and the other famous case where the house had cracks and they would receive £175,00
I expect after costs which materialize after a few years in court for it to be finalized I assume not a lot is left. I fortunately have had no experience of a court case and I hope I will never have to as it sounds a nightmare.

[elkiton]

As I said, urban legends, and uninformed misinformation.
You agree the terms with your lawyer in advance, in writing, and if you have a good case you sign a no result no fee contract, where you only pay the court expenses and a percentage of the settlement.
Been there, done it, twice... PM mě if you want to discuss it further off the board.

[Art]

Couldn't agree more,.

My next door neighbour has successfully sued our UK developer twice and I'm coming to the end of my legal action which I will win.

Sorry say Waddo you are wrong.

[Retired]

The saying "never believe anything you hear, and only half of what you see" comes to mind. I know a few people who have supposedly "won" but didn't receive anything..if you can believe that.

[waddo]

Art, winning the case in court here is a world of difference from getting the money afterwards - wish you luck!

What do you call 1,000 solicitors in chains at the bottom of the ocean? "A good start"!

[Art]

Waddo,

I did say my neighbour had successfully sued our developer on two occasions so pleased don't jump to the wrong assumption.

An injunction on the developers TRNC assets protected his compensation payment.

[Retired]

Those injunctions are bantered around a lot....still nobody get's anything. A bit like the Wild West really.

[Art]

This is just not the case.

The injunction has been very effective.

[karmels]

Art.
Give up, these people have so many grievances about the TRNC you will not win.
Great your neighbour has had some success in the courts, there are a lot of sour grapes in the TRNC.

[kiplet]

In response to message 1. Surley the courts have to be paid at the end of a case.. Otherwise who pays the staff involved in running the courts ?
Surley this us court costs ? Or is this wrong ?

[Art]

Karmels,

I agree and sadly many people are put off from taking legal action because they are misinformed.Almost 80% of cases are settled before reaching trial .

My case is almost finished and I can honestly say I have found the legal system to be fair and it hasn't cost me a lot of money.There is unfortunately a great deal of anti legal propaganda trotted out by some who have their own personal issues and agenda .

[waddo]

Art, just interested as I have no axe to grind but only go on the results from cases from my friends here, I have not as yet had to go through any court or legal system here but have found that if a case is against a TRNC citizen then even if you win there is little chance of getting anything back. However, if the case is against a non-TRNC citizen such as an EU citizen that has had to put up a bond in the first place to allow them to trade - the case is generally won by the claimant and restitution is made as that money is already held in bond!

Hence the comments about wishing you luck. Provided you are not trying to get blood out of a Cypriot stone then you stand a very good chance but otherwise the cases can be simply tied up in courts for years as many people have found out. Having said all of that, should I ever consider the need to take legal action against anyone I am aware that you need to have a tried and proven solicitor behind you and that it will cost you a substantial amount of fees just to get the case off the ground. Even then there will always be delays as solicitors chase higher paying cases and you need to be on the ball and keep an eye on the cases going to court through the Court Web Site, handy little thing that gives you loads of information and lets the solicitor know that you are aware of what is happening.

There will always be anti legal propaganda here - and anywhere else come to that - and I agree with it as no solicitor will ever tell you "Exactly" what is happening and how much the cost will be!

[Art]

Waddo,

Again I have to disagree.

My solicitor does keep me informed because I attend every court hearing and we have a meeting every 6-8 weeks or when necessary.I can only repeat without disclosing his fees that my cost is fixed and it's more than reasonable.

With regards to your question-I'm unable for legal reasons to disclose the name or nationality of the main protagonists but would add that the injunction placed on their assets is working very effectively .You may be right about the locals being treated differently-I have not heared of this before and in my neighbours case this certainly didn't happen.