Implications of costs order

M

Macbeth

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I need some opinions from the legal eagles out there...
Along with a number of colleagues, I am considering taking legal action against our former employer.
We have already taken some preliminary legal advice and because of the nature of the issues involved,
this action would necessitate the taking of a case in the High Court.
Obviously, this is a very costly process and there in no guarantee of success.
Before we proceed, we want to be aware of all the possible outcomes - including the implications of losing and having costs awarded against us.
Needless to say, we will not go ahead unless we are as sure of our ground as possible but there would always be risks.
My question is this: In the event of us losing the case and being faced with possibly huge legal bills,
coupled with the issue of joint-and-several liability, in reality what would be the implications of having
a costs judgement issued against and individual - or individuals?
For example, how would an order be enforced and could one's assets be seized? Would the family home be in danger?
Would savings/assets held in the name of a spouse (or children) be vulnerable?
This is a serious matter and we need to give all aspects of the case long and hard consideration before proceeding.
Any comments would be welcome. Thanks.
 
Once you go to the High Court , do not be under any other illusion but that any and all assets that you all hold ,jointly, partly etc will come into play should you lose and should judge award costs against you.The winners will go after whichever of you they feel is chaseable.

That said I understand that normally if you present a reasonable case the judge normally asks each party to pay their own costs (I am open t0 correction on this)

I also understand you can take a case yourself ie no barristers etc ,but you would want to be very sure of your case and have clarity around your presentation.

If it is a former employer , has he enough assets to pay out?
Can you not go via Labour Court etc?
 
Thanks for the reply. Unfortunately, Employment/Labour law does not cover this area. I cannot go into too much detail but suffice it to say that a moral wrong was perpetrated against us but proving a legal one is another matter. Stage agencies whom we consulted were of absolutely no use and each of them just kept referring us to the other one - or suggested that we seek a legal remedy. Of course, they did not offer to fund this. So here we are just wondering if it worth the financial risks involved. If we go to court, we may get law but not necessarily justice. If the worst case scenario materializes and I am sued for a large sum of money (to recover costs) but don't have it, what happens? Are any savings which I have taken from me? If there are savings/assets in the names of family members, are they safe? Could my home be at risk? It's nearing crunch time and we have to make a decision. Thanks again for any insights...:(
 
The facts drive the law, remember this, have you facts..?, have you a cause of action to ground your complaint..?, you are right to be cautious but do not take this on unless the counterparty can pay out if you are successful.

Challenges go both ways, you throw a stone at me and I will throw a bigger one back, on the other hand if your case is strong upon advice your threat of action may cause the other party to reach for a compromise, there are varied ways to achieve success, prove your point etc rather than risk it all on what may become a pyrrhic victory.

Do your research.
 
Thanks for the comments. Yes, we have done as much research as we can and we are assured by the legal people that we have a strong case. However, I've heard on the grapevine that the other side has been told by their lawyer that they have nothing to worry about, so who knows?
Could someone comment specifically on the issues which I raised, i.e. what might happen to my savings/assets - and those of my family - in a worst case scenario? Is there any way to protect them? :confused:
 
In a worst case scenario - you lose EVERYTHING.

there is NOTHING certain in law, but EXPENSE
 
@Macbeth I am assuming that your legal adviser is suggesting you have a good case. This is important because sometimes litigators can get terribly caught up in the case. The first thing to note is that 90% of cases are settled before they reach the High Court be that on the steps of the court. If you litigate the general principle is that costs follow the event.

Therefore if you lose you bear the other sides costs as well as your own.

Joint and several is all very well - but the person with the deepest pockets is pursued but it take considerable time. My own view is that if objectively there is a good case based on what your legal advisers say then it worth pursuing.
 
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