Claiming legal costs

[Chica56]

Is there any way of claiming back your legal costs (such as solicitors and expert reports) when you are involved in a criminal case against someone? The Courts made it a criminal case as the value of the damage done to our property way exceeds 400 euros...........

[Gasman]

Do you have insurance on the affected property? Ask you insurance company, first if you have legal cover with them that you have recourse to, second - if you do not have cover, perhaps at least they can advise you in the circumstances of this particular case, whether you can expect the guilty party to cough up for your legal costs, when/if you win your case. Usually the losing party will expect to pay the other party's costs, but I believe that does not always happen in spain, so check before you get into it.

[Chica56]

THanks Gasman

Yes we have insurance but they will only use their approved solicitor who is beyond useless and failed to even read up on our case until half an hour before the first hearing.......and then failed to advise us or even give us appropriate info so the Court records are not accurate, even the Court Translators are angry about it.

Our current solicitor, who has obtained two successes for us so far (in other cases of non criminal damage done by the same person), is appalled at their negligence so we have no faith in them........apparently we cannot claim back legal costs in a criminal case and we are just over the legal aid limit.....and it seems no Judge will order a psychiatric evaluation which is what is needed as this person doing the damage clearly has mental health issues.............

As there is video of this individual actually doing the damage we are hopeful of a guilty verdict.........but solicitors are expensive.......the case has been referred to a higher Court due to repeated instances of damage and the solicitor said we can claim back a lot more things there but he is very vague about what as it seems to variable and every question answered costs money................

[chrissiehope]

It was some time ago, & I don't know how it was done, but for us the case we instigated was cancelled at the last minute by the defendant paying what was owed, but not costs. I think the lawyer we had applied for costs. which were awarded by the judge some weeks later (but not the full amount, which is apparently normal ).
So maybe you will have to go back to your lawyer...

Just spotted the big difference - ours was a civil case not a criminal one