IF MY CLAIM IS SUCCESSFUL, WILL I RECOVER ALL MY LEGAL COSTS?
Tuesday, May 4, 2010 @ 7:19 PM
Not necessarily as legal costs in Spain are awarded at the discretion of the judge. Unfortunately legal costs here are treated differently compared to other European countries. Below we set out the various scenarios that you could be facing.
A) If you issued legal proceedings for say 100,000 euros and your claim was successful and the sentence awarded you the same figure set out in your claim, then you should recover all your legal costs.
B) If you issued legal proceedings and you recovered part of the amount set out in your claim, then it is likely that you would not recover all of your legal costs but you may recover some of these, subject to the discretion of the judge.
C) If you settle out of court then unless legal costs are specifically part of the settlement, then it is likely that each party will pay their own costs.
D) If your claim is unsuccessful, then you will be obliged to pay your lawyer's and procurator's costs and those of the other side.
IM Abogados