Sentences with phrase «party awarded costs»

Until 1986 a successful party awarded costs was normally restricted to «party and party» costs, which were defined as costs necessarily incurred.

Not exact matches

«The award of costs that is just and appropriate in the circumstances and would do justice between the parties is $ 3,500.»

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toParty or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided toparty's use or misuse of the Sites or Products provided to you.

Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys» fees, incurred by the other party in enforcing the award.

If you are involved in an incident causing injury or property damage that was (or is alleged to have been) your fault your insurance cover may indemnify you in respect of the legal costs of defending a third party claim and any resulting damages awarded against you.

INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.

Costs of an action are not awarded arbitrarily; they are related to the behaviour of each party.

Senator Mark's counsel, Ken Ikonne and the Independent National Electoral Commission (INEC) lawyer Johnson Usman as well as the People's Democratic Party (PDP) counsel, Chris Alechenu had told the Court that section 285 (5) of the 1999 constitution was clear on the fact the day of declaration of an election result should be included in the days allowed for the filing of a petition before a court, urging the appellate court to dismiss the appeal and award cost against the appellate.

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys» fees of the Indemnified Parties in connection therewith.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys» fees of the Indemnified Parties in connection therewith.

This can be very expensive, yet if a case is heard under the «small claims» system, costs are not awarded (although a judge could decide either side may need to pay for a limited amount of the other party's expenses), making it a much less risky bet.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

If a matter is resolved by a trial the judge will award costs either against each one party or order that each party pays their own costs; in general, the costs «follow the event» i.e. the losing party usually gets stuck with the costs.

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.

an award of costs and attorney fees to prevailing parties if a meritless suit is dismissed (with an exception for the government); and

The law also allows the judge to award costs to the losing party.

If the conduct of a party is such as to warrant rebuke by the Court, then the unsuccessful party runs a significant risk of having special costs awarded against him or her.

The court found that neither party had any complete success on the appeal, and held that the beneficiary and the executrix beneficiary should be awarded special costs to be paid out of the estate.

If the court does not wish to punish a party on the basis of full indemnity for costs, it may still award a certain percentage of special costs.

Counsel would be well advised to ask for special costs, or increased costs, where the nature of the case, or the conduct of the parties, might lead the court to exercise its discretion to award same.

Prior to legislative changes in 2016, a special award was available, in addition to costs, to a party whose insurer unreasonably withheld or delayed payment of benefits.

The Court concluded that the arbitrator had wide discretion to award costs, which included the award of third party funding costs.

The level of costs that the successful party is awarded depends on a number of factors.

While I am satisfied that the words, «sufficient reason» should not be interpreted in an expansive manner, but with restraint, I am also satisfied that they must be read in such a way that a trial judge is not forced to deny a party costs where he is satisfied, as here, that justice can only be achieved as between the parties by an award of costs to the successful party.

[84] Finally, costs awards relate to the particular case and are made as between the successful and the unsuccessful parties.

F. Award to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstaAward to Petitioner * reasonable attorney's fees and costs incurred herein; OR Order that each party shall be solely responsible for their own attorney fees and costs except that if Respondent takes any unreasonable positions in this matter, Petitioner shall be entitled to an award of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstaaward of his / her attorney fees and costs; and G. Grant other such relief as the Court deems just and proper under the circumstances.

This means that one litigant, usually the successful one is awarded party and party costs against the other.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

As a result, the Court of Appeal overturned the trial judge's costs award of $ 409,098.48 and ordered the parties to bear their own costs.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

Section 29 of the Courts of Justice Act, provides that an award of costs in the Small Claims Court, other than disbursements, shall not exceed 15 per cent of the amount claimed unless the court considers it necessary in the interests of justice to penalize a party or a party's representative for unreasonable behaviour in the proceeding.

In other words, the winning party will generally be awarded costs against the losing party.

In fact an award of special costs or solicitor and client costs may be made even if the award will extend beyond indemnity of the successful party.

Moreover, Rule 14.07 (2) allows this Court to award the Defendants an amount not exceeding twice the costs awardable to a successful party if certain criteria are met.

The successful party is usually awarded costs, but this does not mean the other side will pay all of their legal fees.

In addition, plaintiff was awarded costs on appeal as the prevailing party.

In awarding costs, one of the most important factors considered by the court is any offer to settle made by any of the parties.

The lower court then found that seller was the prevailing party and awarded him $ 456,032.50 in attorney's fees and $ 21,057.35 in costs based on a fees clause in the real estate purchase agreement.

Trustee accomplished its objectives of defeating the tort claims and did not oppose nonmonetary relief such that it was the prevailing party for purposes of a routine costs award, not plaintiff.

(The court can also award costs and reasonable attorney's fees to the prevailing party in this type of case.)

The adjudicators may direct that parties to proceedings attend case management conferences or pre-hearing reviews and award reasonable costs.

In my experience lawsuits are not consistently a good economic investment at less than $ 75,000 U.S., but in limited jurisdiction courts the process is much cheaper, the vast majority of lawsuits are resolved with defaults, and in any almost any written contract it is possible to insure that the prevailing party will be awarded attorneys» fees and court costs in addition to the damages awarded (this is the default rule in England and many other countries, but not in the U.S.A.).

First, it was not a «fine, penalty or forfeiture» but more like an award of costs to a prevailing party under fee - shifting statutes.

Meanwhile, it reports, third party funding could become more attractive in English proceedings, following recent caselaw that an arbitrator has the power to award a successful party the costs of its litigation funding.

The claim was dismissed last autumn, with Lord Justice Christopher Clarke awarding the defendants costs on an indemnity basis in October, making four groups of third - party funders collectively liable for over # 23m.

The Tribunal rarely award costs to the respondent parties, even where the allegations are not proved.

There is a specialist Information Tribunal, set up under DPA 1998, where procedures are much less formal and costs awards against unsuccessful parties are rare.

The court's powers in respect of awards of costs were a strong incentive for parties litigating before the