How to compose a complaint against a decision refusing to exempt from judicial costs

The costs of proceedings are an crucial aspect of any civilian court case. It is worth remembering the basic rule of the civilian process, which says that the losing organization must cover the costs associated with the deliberate investigation of rights and defence at the request of the opponent. In another words, any associate in a civilian court dispute must know that in the event of a failure he will gotta cover the costs incurred by the another party. The provisions of the Code of civilian Procedure lay down this rule in detail. It is besides worth noting that the individual bringing the action in the event that he is incapable to bear them without prejudice to the maintenance essential for himself and his family, or to bear them, may, under Article 102 U.k.s.c., apply to the court to exempt him from the costs.

The costs of the trial usually include court fees which the parties pay for the submission of procedural documents, advance payments to the expert, as well as the costs of hiring a lawyer or legal adviser.

The court itself shall find the costs if the organization is not represented by a lawyer, but if the organization has a proxy and expects reimbursement, it must submit a corresponding application before the closing of the trial preceding the final judgment.

The decision on the costs of the trial is part of the decision ending the case at the instance. In more complicated cases, the court may limit itself to laying down general rules on the charge of costs, leaving detailed calculations to the judicial referee. After the final ruling on the case, the referee shall make precise calculations of the costs which the parties bear.

A judgement on judicial costs may be challenged. Questions relating to the imposition of costs on the parties, the determination of rules on the payment of the costs of the trial, the reimbursement of fees or judicial costs shall be contested.

The appeal may be lodged in the context of an appeal relating to the substantive settlement of a civilian case. The charges relating to costs contained in the appeal shall be considered together with the allegations relating to the substance of the case. In the event that the plaintiff, together with the action, has requested his release from the costs of the trial, and the court has issued a decision which does not take into account the claimant’s request, it may challenge specified a decision within 7 days of the date on which the order was served.

In any cases, the organization does not dispute the result of the case itself, but only the cost decision. In specified situations, a complaint is appropriate. It is crucial that the deadline for submitting an appeal is usually 2 weeks, and in case of a complaint – only 7 days.

A complaint concerning the refusal of dismissal from judicial costs shall not be subject to a court fee (95(2)(1) and (3) U.K.s.c.)

The complaint concerning the costs of the process should contain the basic elements of the procedural document, specified as the designation of the court, the parties, the kind of letter, the signature and the annexes. Furthermore, the complaint should specify precisely which provisions are contested, what changes are expected and the reasons for the complaint, including a mention to any fresh facts and evidence. The organization should clearly explain why it considers that the Court of First Instance has issued an incorrect cost ruling. The most common allegations concern omission of certain costs of the organization or misassessment of costs associated with the employment of a proxy.

‘The institution of exemption from judicial costs is in fact State aid to persons who, due to their hard material situation, cannot pay the costs of the courts without causing any harm to the essential costs of maintaining themselves and their family. The applicant should, therefore, in any event make savings in his own expenditure, up to the limits of securing the essential costs of surviving for himself and his family. It is only if these savings prove insufficient that it can ask for State aid. The anticipation to apply for exemption from judicial costs is not determined by the party's maintaining the standard of surviving to date, but only by ensuring the essential costs of maintaining himself and his household at the basic level. The debts of private parties seeking exemption from judicial costs do not have the precedence of those parties to the State Treasury to pay judicial costs,” said SN in its order of 30.06.2022, III CZ 155/22, LEX No 3477892.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

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