North Cyprus Law | Costs No Win Situation

North Cyprus Law - Costs No Win SituationWITHOUT PREJUDICE

I find the TRNC advocates’ attitude towards court costs awarded by the Judge somewhat confusing. I know the TRNC legal system is said to be based on the British system, but that link sometimes appears awfully loose.

For instance, using the British system, if costs are awarded to the winning side, they go to the fee payer, which obviously mitigates against the money paid in fees to obtain justice. To me, this seems fair, right and proper. When you are forced into legal action to get justice, surely it should not be at great cost to you.

Now in the TRNC it does not work that way. If your advocate loses and cost are awarded against you….you pay. Witness what happened to me personally, an entry in my diary at that time:

“9th February 2012 – Attended Girne District Court, Bailiff and two policemen waiting for me outside the court room of Judge Talat Usar on the second floor. Served with two Writs. When I asked why the policemen were there, given some excuse, but strangely as soon as it was realised we had the money, which Agile went with the Bailiff to pay, the policemen also disappeared. 2565 lira was paid into the court for the costs awarded to Akfinans Bank on the 26th August 2011. The second Writ was a Libel Writ. The K5 case was adjourned until the 15th March.”

There has never been any doubt in my mind that I would have been carted off to the ‘nick’ if I had not paid.

To return to today. Now if the court awards costs in your favour, you might be forgiven for thinking “hooray, at last some money back to help offset all the fees you have paid up front”. You would be wrong. This is regarded as a bonus by your advocate and it goes into his/her pocket. Forget the fact that without you, they would not be there, forget the fact the fact that you have paid them to be there, forget the fact that it is grossly unfair. That is the way it is and no one, least of all the KKTC Baro Counsel sees anything wrong in this. That is also, may I suggest, why so many steer clear of the TRNC legal system.

Heads the advocates wins, tails the advocate wins. The only real losers are the clients.

Never give in, never give up.

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