to bring in legal proceedings in the circuit court or the High Court and it's
far for example personally in Jerusalem if you bring the claim bring your case
in the wrong court then you run the risk of a differential costs order being made
against you so just to explain that let's say you bring a case in the
Circuit Court and let's say you bring a case in the High Court and it is
successful both the amount that your warders is only a circuit court amount
then you're going to be awarded costs on the circuit court scale but the
defendant then can seek an order looking for a differential costs order which is
essentially an order whereby he is entitled to be paid by you the
difference to cover the cost that he's incurred by reason of you bringing the
case in the wrong court in other words the costs are going to be awarded
against the defendant defendant has defended the case in the High Court
but the award has been on a circuit court level the costs have been awarded
on a circuit court level then the defendant is entitled to get a
differential cost order against you and that is an order as I say which provides
for him being able to recoup what he has spent versus what he should have had to
spend if you brought the case in the correct Court this is a provision in the
rulers of the superior courts it's called the differential courts or costs
order and there was two cases towards the end of 2018 which were appealed to
the Court of Appeal and where the Court of Appeal held that yes the court which
has made the decision to award the damages and to award costs at the lower
scale should more often than not unless there's a good reason not to do so
should make a differential costs order it's just something that you need to
keep in mind and you need to be very mindful obviously your solicitor and
your barrister counsel and so on is going to advise you as to what court you
should bring your claim and your claim is going to be determined to an extent
or the court in which you bring it is going to be determined to a great extent
by the value of your claim but if it's a borderline claim if it's a borderline
claim between say the Circuit Court High Court you do need to consider this and
consider the cost situation and consider going to the higher court with being
awarded an amount of money which is commensurate with the circuit court
jurisdiction and therefore getting a cost order on the circuit court scale as
I say if that happens then you're at risk of having to fork out what the
defendant has had to incur as a result of you bringing your claim and bringing
your personal injuries action in the wrong Court I hope you find this video
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