Costs

Abstract

This chapter addresses the subject of litigation costs, looking at Part XII of the European Rules of Civil Procedure. The seven rules under Part XII are set at general level, due to the impact of national law and the structure of the legal profession in European jurisdictions upon this area of civil procedure in a technical sense. While some jurisdictions have created a system where the court fees almost fully cover the state's expenses for the civil court system, other jurisdictions have opted for a system that is basically free of charge for the parties. A further important difference across European jurisdictions that has a significant impact on litigation costs is the different approaches to fees payable in respect of legal representation in proceedings. Finally, the rules on court organisation are also relevant to litigation costs.