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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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What happens if you don't have enough money to pay for the

Resolved Question:

What happens if you don't have enough money to pay for the other sides legal bills in the event that you lose a claim? but you are a victim of fraud and the judge cannot drop the case because it needs investigation?
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Has this been reported to the police?

May we have as much background detail as possible please?

Customer: replied 2 months ago.
It is me Mags. The police only want the oven ready crimes. This is fraud but the police only view it as a dispute in the civil courts.The defendants will apply for a summary judgement to strike me out, but I feel that the case is so complex that the judge will not be able to Grant this and push for a full trial. The defendant will use my lack of money against me as a a weapon to say that the claim has no realistic chance of success. I don't know what the judge will doing in this case as they will know that I won't be able to pay the other sides legal fees if I lose. Justice is only for the wealth.
Expert:  F E Smith replied 2 months ago.

They do indeed. It’s also very common where if it’s the least bit complicated, they will say it’s a civil dispute.

It is very common unfortunately when the financial wherewithal of when party is far in excess of the financial wherewithal of the other party, that even if the substantial party has a limited chance of success, they will just keep litigating hoping that the other person runs out of money there loses the battle because of the potential financial risk if they do lose.

It’s not for the judge to raise the issue of whether or not you can pay the other side legal fees. It is for the other side. This is never an issue for the defendant has to defend the claim regardless of their financial wherewithal. It’s only an issue for claimants.

If the claimant believes that you would not have the money to pay for the costs of the litigation, they can make an application to court for an “security for costs order” which is an order whereby you have to provide some security in the way of a property or a third party who is willing to guarantee the money and ultimately pay the money into court in respect of your anticipated costs.

If you will of course it would all come back to you and you would get your costs awarded against the other side.

Incidentally, if you do win and you get costs awarded in your favour against the other side, it doesn’t automatically give you the money if they simply don’t pay you. If they don’t pay, you then have to enforce the judgements in the usual way with charging order, third party debt order, bailiffs etc

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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