Questions tagged [costs]
40 questions
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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 is almost three times that of the Eurozone.
This…
J Li
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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 bear their own legal costs while the English rule is…
TylerDurden
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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 by posting a £300+ fee.
Then Theodore stays again…
JosephCorrectEnglishPronouns
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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?
TylerDurden
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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 court, or at least tried to?
To me it seems if it…
DrZ214
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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 course of the trial, the judge decides that Bob…
user0306
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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 prevails in Canada and other common law countries?
TylerDurden
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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 and Grace) for illness and deaths in Woburn…
Chaim
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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 differ at all if it is not the crown but a private…
TylerDurden
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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 proceedings again because the other person's…
user2649305
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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 units of local government which are authorized to…
user1032531
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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 to notice a number of highly specialised roles (e.g.…
Jasper
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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 not without having to go through the burden of…
TylerDurden
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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 grumpy letter, and then they pay up.
Can the creditor…
Tom V
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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 would the approximate costs be to cover the…
Bohemian
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