Law costs are a serious matter. The general exemplary is that the cost of litigation to be awarded to the prevailing party must not violate the principle of indemnity. Let me put it to you this way, law costs must only be used to revert the prevailing party to the status quo prior to the act or omission complained about, no more and no less.
The Role of the Senior Court Costs Office (SCCO)
The common misconception I want to clarify is this “The SCCO is there to cut law costs equal computed by costs draftsmen”. This might be true in some cases but it is but one aspect of the same. The SCCO is meant to ensure that costing is fair. In other words, it is not too high so equally to be punitive and not afterward low similar to be insufficient to fully indemnify the aggrieved party.
In this regard, the SCCO is empowered by statute and jurisprudence to:
* Determine how much costs the prevailing party can agglomeration from the losing party.
* Determine attorneys fees in publicly defended cases be made payable against public funds
* Determine how lots a client is supposed to pay the barrister taking into deliberation the effort exerted, complexity of the legal issue, comme il faut well as the eminence of the advocate.
What is Actually Happening?
In my opinion, a great deal of advocates jack up their action costs for several reasons. This can be with or lacking the yield instead well-versed of the client. The most green excuse is that, it is better to increase the law costs since in most cases the courts will cut it anyway.
As a general rule the testimony must respect out of court ancillary contracts. The problem is, sometimes one party can get away with challenging the same toward prevailing upon the court to penetrate over the agreement and into the fairness of the agreement. This is past very expensive juridical costings and the hiring of costs draftsman (London).
Based on my research, the SCCO is currently striving to add more teeth to the cancellation of contracts for CFA’s. At the notably least there is a move to educate party litigants about their rights to negate validity of the contingent contracts inherent seven (7) days from receipt from notice informing them of such right. This roadway advocates will be forced to increase transparency and accountability in order not to waste time in renegotiating for a contingent contract.