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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Costs orders when liabilities offset against counterclaims
Meet Bob. Bob owes Alice £800, which she sues him for. The court affirms the validity of the debt and agrees to enforce it, however, Bob counterclaims £1200 from Alice on which he also prevails, ...
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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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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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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 ...
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Can/do people sue for costs only when debt is already paid
Suppose one party owes another something (because of contract or tort, I presume the exact reason doesn't matter). The debtor refuses to pay so the creditor instructs a solicitor to send them a ...
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What "pre‑existing agreement between Ward and the Province regarding costs"?
In Vancouver (City) v. Ward, 2010 SCC 27, McLachlin C.J.C. wrote in Coram
[80] We have been informed of a pre‑existing agreement between Mr. Ward and the Province regarding costs [emboldening mine] ...
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Who should pay for the removal and reinstallation of the screens for the exclusive use balcony when HOA needs to remodel the balcony?
My HOA is doing this renovation project, which needs to get access and modify the balcony (where I have my screens), and asking me to pay the cost of removing and reinstallation? Do I have the right ...
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Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders?
Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order ...
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How much would Novak Djokovic’s legal fees be?
Novak Djokovic just lost his appeal against his visa being cancelled in the Australian Federal Court and was ordered to pay all costs.
There was 1 court session and a judgement later same day.
What ...
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Is the cost of recovering a suicidal person's body deducted from their estate?
If a person committed suicide by jumping off a bridge in a remote rural area in New Mexico and it cost the authorities a lot of money to recover their dead body would those costs be deducted from ...
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Why does the U.S. have much higher litigation cost than other countries?
According to the institute for legal reform (https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf), liability/GDP ratio is 1.66% which ...
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Rent additional costs matter in Germany [closed]
I've rented a furnished apartment from the beginning of 2019 until last month in Baden-Württemberg, Germany
The rental contract stated that service charges/additional costs are paid as a monthly flat ...
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Costs of forced quarantine
In the US or the EU, who has to pay for a period of forced quarantine?
The question pops up due to the recent coronavirus epidemic, but I see that for previous epidemics (Ebola, SARS, MERS) ...
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Do courts award legal costs to successful pro se litigants?
Say someone represents himself in court and wins. There were no lawyers hired but the win costed him days of legal research (instead of working in his normal profession, paid per hour of factual work),...
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Can I claim for time spent preparing for a court case?
I was involved in a car crash almost 2 years ago. I had to go to court and give evidence as to what happened and the other driver was found guilty.
My insurance company is now having to start legal ...
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When we are calculating the cost for implementing a new web application, should we have separate cost for providing the source code to the client [closed]
I am working on a new asp.net core MVC web application as an out sourced senior software developer/architecture. now i did many requirements gathering sessions with the client, and i came our with a ...
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What are some remedies for a poor person if a petty rich guy buries him with frivolous lawsuits?
A poor, jobless person made a careless remark about a rich and petty person. The rich person gets to know about it and sues the poor person for defamation.
Does the poor person need to hire a lawyer ...
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Why would a corporation waive its legal costs in a lawsuit against a poorer litigant?
Referring to Cavendish Square Holding BV v Talal El Makdessi (Rev 3) [2015] UKSC 67, this website alleges (The judgment itself doesn't reveal this):
Moloney did however allow the decision to be ...
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If costs are always awarded to the party who offers settlement, then how'd the offering party've failed to specify costs?
Source: Ontario Small Claims Court - A Practical Guide (2011). p. 221 Bottom.
§11.16 Of course, the Rules Committee had various options open to it in the
event the offer to settle failed to ...
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Is award of attorney fees and legal costs in U.S. deterministic?
There's a large space I will call "medium claims" in which lawyers are required for a plaintiff to seek judicial remedies, but the cost of litigation vs. the potential recovery leaves too much ...
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Cost of preparing pleadings: Disbursement vs Fees
Source: Ontario Small Claims Court - A Practical Guide (2011). pp. 258-259.
§14.15 "Reasonable disbursements" are to include the following, unless the
court orders otherwise:
p. 258 Bottom
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Can different rates be charged for the same individual performing multiple labor categories?
I am performing work on a T&M basis for a municipal corporation (i.e. counties, cities, towns, port districts, water-sewer districts, school districts, metropolitan park districts, or such other ...
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What is the minimum amount I can sue for breach of contract?
I am studying contract law for myself.
I am worried that even if I can legally write a contract and negotiate with somebody to sign it, It will be more expensive to sue for breach of contract than ...
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What are instances when one party may have to pay the legal fees of another before the case is decided?
In divorce cases, it's possible that one party (usually the husband), will be ordered to pay the legal fees of the other party, even before the case goes to trial.
My understanding is that sometimes ...
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Does out-of-state tuition violate the US Constitution?
Many colleges and universities charge more to students from out of state. Doesn't this violate the US Constitution, particularly the full faith and credit clause? Has this ever gone to the supreme ...
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Holding or selling a laptop due to unpaid repairs
In the UK are the any laws which stipulate what can be done when a repair is carried out on an item but not paid for?
I have been told that you can hold on to the item until payment is received but ...
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Where can I find information on how low-income appellants funded their cases?
Assume that:
the appellant has little or no income and money.
the case's legal fees have already been significant; the appellant has already undergone a trial, and likely the County Court and EWHC.
...
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