Legal Question

[VeryQuietMan]

Hi there,
Quite new to the site but can anyone comment on this:

My wife won a medical negligence case last March(2009). She still has not received her money, and we have just found out that they will not pay her because the 'other' side will not pay any of the consultants reports used in the case. Now she has just received a letter demanding that we pay the consultants report and the fee will be taken out of her compensation!!
Is this allowed??

[bednobs]

were costs involved in the ruling at all?
Usually the person bringing the action pays for reports that will help their case, but then the issue of costs is dealt with in the ruling

[VeryQuietMan]

Thanks for your comments bednobs, it was an out of court settlement, and we were told that all cost were to be covered by the other side.

[Nosha123]

you must have something in writing.. check the small print??

[VeryQuietMan]

Cheers Nosha123,
Even in an out of court settlement, is there still a ruling or a signed agreement??

[bednobs]

is the proportion of the fees compared to the payout big or small?
for example, if the consultant fees are low compared to the payout she will get, is it worth paying it now then trying to recover it?

[bednobs]

who told you costs would be paid? Have your solicitor's costs been apid? Who originally paid for the reports (ie has the consultant actually ever been paid for it?)

[buildersmate]

Sorry to be pedantic, but she didn't 'win' the case then, if there was an out of court settlement.
In an out of court settlement, both sides agree to not to proceed with the court case and an exchange of money is agreed.
The solicitor advising you should have taken into account the costs that you had incurred to date (both his own and other independents such as consultants) in advising you whether to accept the out of court settlement. Their fees will invariably have to be taken out of the sum received from the other side.

[sammmo]

Go back to your solicitor and ask him to sort it for you, thats what your paying him for..