Questions tagged [costs]
The costs tag has no summary.
42 questions
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English law: Debarred vs Article 6 rights: Are Article 6 rights removed?
English law (England and Wales) allows for a litigant to be debarred from participating further in proceedings if they fail to pay cost orders made against them and if the court is satisfied that they ...
0
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1
answer
88
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Would a claim for costs include the cost of the claim for costs itself? (UK)
Let's assume that I have won a family court matter in England as a litigant in person.
Getting cost awards in family matters is unusual but the other party behaved not just unreasonably, but also ...
-2
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1
answer
123
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apply to first tier tribunal (UK) [closed]
Someone was late paying their ground rent.
A court hearing was scheduled. When the debtor turned up, he was told that the ground rent company had recovered the debt from the debtor's mortgage ...
2
votes
1
answer
182
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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 ...
-1
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2
answers
112
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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 ...
1
vote
0
answers
188
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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 ...
4
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1
answer
1k
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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 ...
3
votes
1
answer
1k
views
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 ...
0
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1
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60
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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 ...
0
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1
answer
151
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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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1
answer
89
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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 ...
2
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1
answer
2k
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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 ...
2
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2
answers
142
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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 ...
8
votes
1
answer
515
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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 ...
4
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0
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72
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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?