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Cost and Fee Allocation in Slovenia – From Major to Partial Shifting?

  • Nina Betetto
Chapter
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 11)

Abstract

The basic rule of cost and fee allocation is that the losing party must reimburse costs to the winning party. The principal justification for the rule is that the winner deserves to have the costs of successfully pursuing a right or defending against a claim reimbursed. In addition, it is believed that the rule is designed to encourage that meritorious claims are brought to court. Yet, cost and fee allocation rules do not guarantee the winner full compensation for all litigation expenses. For example, in Slovenia, success oriented fees are allowed to a limited extent, but the court’s determination of cost and fee allocation is subject to the calculation method under the statutory tariff, irrespective of the actual agreement between the winning party and the attorney. Although at the present time, the tariff fees cover the winner’s attorney fees in most cases either completely or at least to a very large extent, a further deregulation of attorneys’ fees could dramatically complicate the loser-pays rule and could result in a situation where full reimbursement of the winner is not guaranteed.

Keywords

Basic Rule Civil Procedure Appellate Court Full Reimbursement Instance Court 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Supreme Court of the Republic of SloveniaLjubljanaSlovenia

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