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Out of Court Settlement

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ahyae View Drop Down
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Joined: 08/August/2012
Location: Australia
Posts: 11
  Quote ahyae Quote  Post ReplyReply Direct Link To This Post Topic: Out of Court Settlement
    Posted: 20/November/2012 at 20:50
If a matter is settled out of court. Would the 'winner' be able to ask for legal cost apart from the settlement amount?

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2012 at 21:01

More info please. Depends - what are the circumstances?
not legal advice

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2012 at 21:06
As I understand it the legal fee discussion should occur as part of the out of court settlement, if it does not form part of the settlement, then it is not possible to come back for a second bite of the cherry.

Once the matter is settled, it is settled.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

NotGuilty View Drop Down
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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 20/November/2012 at 21:44
There is technically no winner or loser when a case settles. Settlement can be inclusive of costs, meaning each party pays their own costs, or plus costs, meaning one party pay the others costs. It really depends on what is negotiated. So you can ask before negotiations conclude.

ahyae View Drop Down
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  Quote ahyae Quote  Post ReplyReply Direct Link To This Post Posted: 21/November/2012 at 08:11

Thank you. It is a professional negligence compensation case.

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