As lawyers who often get asked for consultations and to prepare legal documentation, clients often ask us about litigation and litigation costs awards in court cases. When a matter is taken to trial, the parties ask a judge to decide of the issues on their behalf. Each side presents their evidence and argument. Evidence can be tested through cross-examination, and an argument can be made after the trial (either orally or written) by the litigant as to why the judge should rule in their favour. A judge then decides based on the evidence and argument before them. The results of a trial can vary, but often one party is deemed to be successful, or more successful than the other.
What are Litigation Costs in Family Law?
Family law cases can have implications for both parties beyond simply getting a decision on the issues. One such implication is that of rules governing cost awards in litigation. Costs are a financial contribution towards the expense of litigation incurred by the successful party. They are generally awarded to the successful party, unless there is a “very good reason” not to, illustrating the critical nature of legal advice in procedural decisions. However, it is important to note that costs are at the discretion of the Court. Things like conduct during a proceeding, and attempts at settlement, can both increase, or decrease, a cost award. It is also important to note that costs can be awarded even when a litigant claims that they are unable to pay costs due to their financial circumstances. Having limited financial resources will not always shelter you from a cost award.
Rules Governing Cost Awards in Litigation
Litigants need to be aware of cost consequences, as they can be substantial. The amount of awarded litigation costs in civil cases is governed by the Civil Procedure Rules. Not only do you give up autonomy over decision-making concerning issues that affect you when you take your matter to trial, but you could also be facing significant financial implications of court cost awards. Depending on the length of your trial, a cost award could be in the tens of thousands of dollars.
In considering whether to pursue litigation, the lawyers at Lenehan Musgrave LLP can assist you in understanding the potential litigation costs that could result. Contact us for legal services and advice on managing potential legal costs in your case for a consultation today.
