Sentences with phrase «of an adverse cost award»

The risk of an adverse cost award can deter a plaintiff with a valid claim proceeding to trial in the face of an offer to settle which their lawyer advises them is unreasonably low.

For a premium the issuer of the product undertook to pay any portion of an adverse cost award over and above the damages awarded to the plaintiff.

If a plaintiff is contemplating purchasing first pay insurance it is important that they reach an understanding with their lawyer as to whether or not the unpaid disbursements will be a first claim against the policy limits in the event of an adverse cost award.

Does all of it go towards paying the disbursements, leaving the client on the hook for $ 100,000 of the adverse costs award?

I say eliminate the mandatory mediation stage, eliminate the pre-trial stage, greatly shorten discoveries, make better forced use of offers to settle, and make the lawyers analyse their way to early and reasonable settlements or face the consequences of adverse cost awards imposed by a judge annoyed that the file even got to trial.

Not exact matches

This ought to be a question of simple self - preservation for those wishing to avoid assessments of their accounts and protect their reputation among the bench and bar, but it also avoids unnecessarily escalating the conflict between the parties and the possibility of the client being faced with an adverse award of costs.

Where the damages awarded after a long trial are modest, it is possible for the adverse cost award to exceed the amount of damages, meaning that the plaintiff's personal assets are at risk.

Although this indemnity product provided some level of comfort to plaintiffs who were not seeking or expecting significant damages, it offered limited protection to plaintiffs with claims worth hundreds of thousands of dollars because it was very unlikely that any adverse cost award would exceed the amount of their damages.

As the potential premium is rather insignificant when a plaintiff has a case worth hundreds of thousands of dollars, it is wise to err on the side of caution and purchase sufficient insurance to cover any anticipated possible adverse cost award.

However, if the plaintiff faces an adverse cost award, they may remain liable to their lawyer to pay some or all of these disbursements.

Does all of it go towards the adverse costs award, leaving the client and lawyer on the hook for the remainder $ 50,000 in adverse costs, and $ 50,000 in disbursements?

A comprehensive policy may provide coverage in the amount of $ 100,000, available to pay out an adverse costs award, disbursements, and HST.

Take for example an adverse costs award of $ 150,000 and disbursements of $ 50,000.

Among the debated issues were liability of third party funders and adverse costs awards, the effect of third party funders on orders for security for costs and best practices for arbitrators and third party funders.

The judge in the case ruled that the defendant should pay for the premiums because it was in the interests of justice for plaintiffs to be able to pursue valid claims without fear of a large adverse costs award.

Adverse costs awards of this magnitude (and rising) simply could not have been foreseen by the initial framers of the Class Proceedings Act, 1992.

It is in the interests of justice that plaintiffs be able to pursue meritorious claims without fear of a potentially devastating adverse costs award,» Salmers writes in his endorsement.

This will allow insurers / defendants to avoid having to make the kind of inflated offer they had to previously — not in keeping with their view of the true value of the claim — in order to protect themselves against adverse costs awards — a very positive development.

Harbour can give unique access to an A-rated panel of insurers who will protect against this eventuality by providing a bespoke insurance policy that pays out should adverse costs be awarded.

(3) then, even after Plaintiffs have chosen to take the serious adverse costs risks of such trials, and even after they have been successful at trial and have received costs awards under Rule 49.01 (1) on a substantial indemnity scale;

They submit that $ 475,000, all - inclusive, would be fair and reasonable, having regard to all relevant principles, including the potential adverse impact of a substantial costs award on access to justice

From whose pocket an adverse cost award is paid is of no consequence to the defendants and the third parties,» wrote the judge.

That decision explored one aspect of the modern funding of litigation and in particular the legality of a solicitor providing their client with an indemnity in relation to any adverse costs that may be awarded.

In most funding agreements, the funder agrees to assume the risk of liability for any adverse costs award, if the claim is not successful.

The argument that adverse costs awards constitute a barrier to justice in ordinary litigation is a familiar one; it is easy to envision how the prospect of liability for such costs would deter a litigant from pursuing an action.

Justice Simpson wrote, «While I have no doubt that CREA will behave responsibly and abide by the terms on which its intervention has been allowed, I do not want to fetter the discretion of the panel hearing this matter to make an adverse cost award should unforeseen circumstances develop.»