Cyprus Law | Justice is Costly

WITHOUT PREJUDICE

Cyprus Law | Justice is Costly

The events of this week have, if nothing else, taught us a very valuable lesson. Your winning in court can just be the beginning. The action you took to resolve a situation may not have that effect you hoped for.

So, negotiation could be your first weapon of choice for although sometimes you may be called upon to bite the bullet and pay more than the Contract price to get your finished product, with legal action your costs could well escalate far in excess of that additional payment. Weigh up the pros and cons and make your decision from a position of knowledge.

Consider the costs of legal action very carefully. If you live abroad, you will almost certainly meet with an additional financial outlay….Security of Costs. This is an amount the person you are suing can and almost certainly will demand be deposited with the court or in a special account to ensure that if you lose your case, the other side’s costs will be met. This sum can be any figure depending on the type of case and the amounts being disputed. I have heard sums from £2000 to £5000 mentioned. So before you even start to think about retainers, legal fees, stamp duty, costs for amendments, this figure will be needed. Now please remember if you do win and are awarded costs, the Advocates here allegedly expect to receive the costs. Some even negotiate up front a bonus for a win.

Cyprus Law | Justice is Costly Time is another consideration, some cases go on for many years. I recently met someone whose case was ongoing and was started eight years ago. Ask yourself, do you have precious years of your life that you want to give to this cause?

Amendment costs are additional to your other costs. This is when, after submitting your case, your advocate decides s/he wants something added to, or changed in the ongoing case. If the other side allows it without protest, fine, very little cost. However if not, a hearing by the Judge is convened and the costs of the opposing side have to be paid by the one introducing the amendment, whether or not it is allowed by the Judge.

If you win your case, the opposing side have the right of Appeal. More trauma, stress and expense.

Whichever route you take, use an Advocate to safeguard your interests, be sure you can relate to him or her and that you have a good rapport and are comfortable with him or her.

Of course, there are times when legal action is unavoidable. However, be sure before you start this long expensive journey towards justice that the journey is worth taking.

Never give in never give up

Anon

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