Everyone is now embarking on litigation, pay court fees and reward your attorney. The reimbursement of these costs is the right of the parties to the dispute will succeed. "It is now proposed that none of the parties to the litigation had no right to compensation lawyer representing the rewards, as concerns the so-called petty dispute, that dispute the cash consideration to the amount of CZK 10,000, "said Luke Green, head of the legal department dtest. The court could, in justified cases, the right to recover the costs admit, it can be assumed, however, that it would happen only rarely.
"The new rules will affect most consumer disputes and discourage consumers from seeking to enforce their rights in court. Violations of the law in simple disputes over small amounts, then entrepreneurs will easily pass through, "warns Luke Green. Consumers will be able to choose between two bad solutions. Either use a professional legal assistance, with the risk that the court not award him costs and ultimately pay a higher amount than is that by which the judges. Or you will have to draw up action itself and at the hearing to do without a lawyer. Complex legal terms and the fact that in the case of small claims appeal is allowed, the average consumer from reliably deter litigation.
The amendment shall prohibit the collection of reimbursement of legal fees, that today the courts automatically recognize regardless of whether they have merit. Refunds often significantly exceed the amount claimed, for example, in the case of monetary claims such as penalties for driving on black or fees for hospital stays. The difference between actual costs and attributable profit company mainly dealing with debt recovery and external legal representatives.
Prevent misuse of reimbursement of legal proceedings, however, allows the courts and existing legislation. The Constitutional Court in its case law has repeatedly warned the general courts, they should consider whether the litigation expenses reasonably incurred and reasonable. "When courts can now examine the merits of the costs, but do not use this option, there is doubt whether they will individually take into account the costs claimed parties. The amendment is not considered beneficial, "said Luke Green from dtest.
Effective tool for protection against unnecessary litigation expenses has been brought earlier amendment which 1 January 2013 enacted the so-called pre-trial challenge. If the creditor before the action does not log on his claim and not to the debtor, who often do not even know about the debt, the space voluntarily pay court to pay the costs confesses. Pre-trial challenge so helps prevent build-up of debt interest and other penalties. The present amendment to the positive effect of this call jeopardy. Who would pay for preparation of pre-trial challenges, knowing that the court not award compensation costs?
Source: tz dTest.cz
