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Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be awarded to one or both parties in a lawsuit, or they may be waived. [1] In the United Kingdom, Australia and Canada, the losing side is usually ordered to pay the winning side's costs. This acts as a significant disincentive ...
An officer of the court, costs judge or district judge will then assess the reasonableness of the costs (unless the potential paying party failed to respond to the notice of assessment) with reference to a statutory schedule of limits of entitlements of costs, together with legal precedents, unless the costs can be agreed between the parties ...
The rationale for the English rule is that a litigant (whether bringing a claim or defending a claim) is entitled to legal representation and, if successful, should not be left out of pocket by reason of their own legal fees. It should be borne in mind that, in virtually all English civil litigation, damages are merely compensatory.
In England and Wales, the rules for security for costs are contained in part 25 of the Civil Procedure Rules.Courts can grant security for costs for defendants (or cross-claimants, additional parties etc.) in England when the court "is satisfied, having regard to all the circumstances of the case, that it is just to make such an order" and there is either a specific statutory rule governing it ...
A variety of definitions of legal goods have been proposed and debated. [19] Some definitions have been based on the concept's function, others on its content. [20] Claus Roxin defined legal goods as "conditions or chosen ends, which are useful either to the individual and his free development within the context of an overall social system based on this objective, or to the functioning of this ...
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. [1] [2] Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has ...
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Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...