Costs orders Clause Samples

Costs orders. Any order for costs against the Practitioner as a non-party to a proceeding, or as a party to a proceeding where the order relates to a contravention of the Practitioner's duty to the court or tribunal.

Costs orders. 8.1 A court can, and usually will, make a Costs Order in favour of a successful party to litigation against the unsuccessful party or parties. If a Costs Order is made, it will be made against the Representative in any proceedings commenced in respect of the Claims. The terms of the Funding Agreement provides for the payment of any such Costs Order, subject to the terms of the Funding Agreement. 8.2 You acknowledge that if a Costs Order is made in favour of the Claimants in any proceedings commenced in relation to the Claims, the amount that the Claimants recover from the Respondent in respect of such Costs Order will not necessarily cover the whole of, and may be considerably less than, the total amount of the Claimants’ total Legal Costs and Disbursements payable under the terms of this Retainer. Shine Lawyers estimates that the amount which the Claimants would recover from the Respondent in respect of such a Costs Order would be between 50% and 80% of the total Legal Costs and Disbursements payable under the terms of this Retainer. In pursuing the Claims, Shine Lawyers will take such steps as may be reasonably necessary to seek to maximise the amount recovered by you under any Costs Order made in your favour.

Costs orders. 9.1 A court can, and usually will, make a costs order in favour of a successful party to litigation against the unsuccessful party or parties. Costs orders against a group member (as opposed to the Representative are very rare. However, if a costs order is made against the Claimant in the Action as a group member, the liability under such a costs order will be met by the Funder in accordance with the relevant provisions of the Funding Agreements. 9.2 The Claimant acknowledges that, if a costs order is made in favour of the Claimant in the Action, the amount that the Claimant recovers from the Respondents in respect of such costs order will not necessarily cover the whole of, and may be considerably less than, the total amount of the legal costs and disbursements payable under the terms of this Retainer. WRL estimates that the amount which the Claimant would recover from the respondents in respect of such a costs order would be between 60% and 70% of the total aggregate legal costs and disbursements payable under the terms of this Retainer. In pursuing the Claims, WRL will take such steps as may be reasonably necessary to seek to maximise the amount recovered by the Claimant. Such costs order will be dealt with in accordance with the relevant provisions of the Funding Agreements. 9.3 If you do have a costs order in your favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment or taxation system. This can be time consuming and costly. The possible costs associated with such potential enforcement Action are not dealt with in this document, but will be advised to you should the relevant circumstances arise. It is also possible that you cannot recover the costs from the other party (for example if the party goes into liquidation or becomes bankrupt).