Questions tagged [costs]
The costs tag has no usage guidance.
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Law costs draftsman/costs lawyer v. costs barrister (England & Wales)
I work in quite a small jurisdiction (Hong Kong, with around 1,550 practising barristers and 11,470 practising solicitors).
England & Wales is obviously much larger jurisdiction and I have begun ...
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What is the likelihood of recovering full costs of winning an expectation damages case?
Suppose Bob from this question hired a lawyer and won the case against the seller in England (the seller was stubborn enough not to settle).
How likely is that Bob will also be awarded 100% of the ...
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Moneyless Winner wins at Small Claims Court. Loaded Loser appeals, but how can Winner protect against any adverse cost?
After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't ...
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Can a judge make the plaintiff pay defender's legal costs?
Two related questions. Situation is, Bob sues Alice, but has zero evidence (basically, extortion, hoping Alice settles to avoid legal costs and a trial). Alice decides to take things to court.
In the ...
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Does the English or the American rule prevail in Canada?
In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
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Can costs orders be made against a party’s solicitors instead of the party itself?
Alice retains Solomon’s solicitors to defend her in a claim brought against Barbara. Solomon is granted the discretion and initiative of deciding how to respond to the correspondence that partly forms ...
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What would happen to Ben Newman if he didn’t pay his costs order by December?
Ben Newman is a UK animal rights activist who interferes with horse races by running onto the course to delay the races. He was criminially convicted in early July 2023 and given a fine and community ...
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what is the time limit on seeking costs orders for county court judgments?
What is the usual manner for seeking costs orders for court judgments, and can it be done after the fact if another party had acted unreasonably yet one was unaware that costs orders could be possible ...
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In the real case represented in the Travolta film A Civil Action, why didn't plaintiffs just wait for the EPA report?
The film A Civil Action starred John Travolta as plaintiffs’ attorney Schilchtmann. It tells the true story of the plaintiffs’ efforts to establish the liability of two corporate defendants (Beatrice ...
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If one is charged with a crime and then get acquitted, can they be awarded any costs?
If you get convicted, then generally you have to pay something toward the prosecution costs. But what if you prevail in upholding your innocence? Does the street go two ways?
And does the answer ...
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How did the “American rule” as to legal costs originate?
At some point the US diverged from its common law ancestor, the English system, and the respective divergences came to be known as the American and English rules. The American rule is that parties ...
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when are attorney’s fees recoverable by a prevailing party?
In the American rule it is only in certain infrequently occurring circumstances that a prevailing party can recover legal costs. What are these circumstances?
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Can litigants in person claim other costs than their time?
Suppose an in person litigant wins their case. Now suppose they wish to seek costs from their counterpart. Typically this is assessed at £19ph. But what if this litigant was disabled, for example ...
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Does the legal aid agency get compensated for legally aided cases that are successful?
Suppose that A, represented by a legally aided lawyer, sues B, and their claim fails. Then B may be able to claim costs against A, and if they are awarded, then legal aid will cover the costs order.
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Does the English rule apply to costs in possession claims?
In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.
But suppose that the claim is instead struck out, while the defendant triumphs, but ...