Propriety Of Claiming Solicitors Fees_2018

Introduction

It is trite law that where there is a legal wrong there must be a remedy as aptly captured in the latin maxim ubi jus, ibi remedium. It is also trite that costs follow events and a successful party is entitled to cost which he should not be deprived of except for a good or special reason.² If the Claimant's case seeking payment of outstanding sums in a civil matter succeeds, it is the writer's humble view that the claim for expenses and costs (including legal or solicitor's fees) ought to be awarded as prayed as there would not have been a need to incur legal or solicitor's fees whatsoever had the defendant (losing side) paid the Claimant (winning side) before the latter approached the court.