Common use of Costs Recoverability in Civil Litigation Clause in Contracts

Costs Recoverability in Civil Litigation. (where applicable) 9.1. At the conclusion of your matter, or during proceedings, you may be entitled to the payment of your costs by another party, for example, at the end of a successful court hearing. However, any order for costs obtained against another party will only be of value to the extent that your opponent is able to pay the costs awarded in your favour. Any costs recovered may be less than the total costs incurred on your matter. Also, if your opponent is in receipt of public funding you may not recover your costs even if you are successful. 9.2. The costs of preparing a xxxx of costs and of seeking to enforce an order for costs against another party will be payable by you as part of the costs we are entitled to charge as part of our agreement with you. Any costs recovered from any other party will first be applied against any unpaid bills and charges and any balance will be paid to you. You agree to us appointing a suitable third party to undertake such enforcement action on your behalf. 9.3. Disputes before tribunals or which are submitted to arbitration or other forms of dispute resolution may involve additional and/or irrecoverable costs. 9.4. In some circumstances, for example, if you lose a hearing or the case, the court may order you to pay the other party’s costs (possibly within a short time-frame such as 14 days). This would be payable by you in addition to our costs. In the event that you do not have ATE Insurance or Legal Expenses Insurance cover to protect you against this risk then we will discuss with you whether the potential outcomes of your matter justify the expense or risk involved including the risk of having to pay the costs of another party. 9.5. You will remain responsible for the payment of our costs, in full, regardless of any costs order made against another party. We will be entitled to render a xxxx to you in respect of our costs, which will be payable by you in accordance with our normal payment terms even though any costs order in your favour has not yet been paid. Any costs recovered from any other party will first be applied against any unpaid bills or charges and any balance will then be paid by you.

Appears in 3 contracts

Samples: Terms of Business, Terms of Business, Terms of Business

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Costs Recoverability in Civil Litigation. (where applicable) 9.1. At the conclusion of your matter, or during proceedings, you may be entitled to the payment of your costs by another party, for example, at the end of a successful court hearing. However, any order for costs obtained against another party will only be of value to the extent that your opponent is able to pay the costs awarded in your favour. Any costs recovered may be less than the total costs incurred on your matter. Also, if your opponent is in receipt of public funding you may not recover your costs even if you are successful. 9.2. The costs of preparing a xxxx of costs and of seeking to enforce an order for costs against another party will be payable by you as part of the costs we are entitled to charge as part of our agreement with you. Any costs recovered from any other party will first be applied against any unpaid bills and charges and any balance will be paid to you. You agree to us appointing a suitable third party to undertake such enforcement action on your behalf. 9.3. Disputes before tribunals or which are submitted to arbitration or other forms of dispute resolution may involve additional and/or irrecoverable costs. 9.4. In some circumstances, for example, if you lose a hearing or the case, the court may order you to pay the other party’s costs (possibly within a short time-frame such as 14 days). This would be payable by you in addition to our costs. In the event that you do not have ATE Insurance or Legal Expenses Insurance cover to protect you against this risk then we will discuss with you whether the potential outcomes of your matter justify the expense or risk involved including the risk of having to pay the costs of another party. 9.5. You will remain responsible for the payment of our costs, in full, regardless of any costs order made against another party. We will be entitled to render a xxxx to you in respect of our costs, which will be payable by you in accordance with our normal payment terms even though any costs order in your favour has not yet been paid. Any costs recovered from any other party will first be applied against any unpaid bills or charges and any balance will then be paid by you.

Appears in 1 contract

Samples: Terms of Business

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Costs Recoverability in Civil Litigation. (where applicable) 9.1. At the conclusion of your matter, or during proceedings, you may be entitled to the payment of your costs by another party, for example, at the end of a successful court hearing. However, any order for costs obtained against another party will only be of value to the extent that your opponent is able to pay the costs awarded in your favour. Any costs recovered may be less than the total costs incurred on your matter. Also, if your opponent is in receipt of public funding you may not recover your costs even if you are successful. 9.2. The costs of preparing a xxxx of costs and of seeking to enforce an order for costs against another party will be payable by you as part of the costs we are entitled to charge as part of our agreement with you. Any costs recovered from any other party will first be applied against any unpaid bills and charges and any balance will be paid to you. You agree to us appointing a suitable third party to undertake such enforcement action on your behalf. 9.3. Disputes before tribunals or which are submitted to arbitration or other forms of dispute resolution may involve additional and/or irrecoverable costs. 9.4. In some circumstances, for example, if you lose a hearing or the case, the court may order you to pay the other party’s costs (possibly within a short time-time- frame such as 14 days). This would be payable by you in addition to our costs. In the event that you do not have ATE Insurance or Legal Expenses Insurance cover to protect you against this risk then we will discuss with you whether the potential outcomes of your matter justify the expense or risk involved including the risk of having to pay the costs of another party. 9.5. You will remain responsible for the payment of our costs, in full, regardless of any costs order made against another party. We will be entitled to render a xxxx to you in respect of our costs, which will be payable by you in accordance with our normal payment terms even though any costs order in your favour has not yet been paid. Any costs recovered from any other party will first be applied against any unpaid bills or charges and any balance will then be paid by you.

Appears in 1 contract

Samples: Terms of Business

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