Jalsovszky: Let the unsuccessful party pay: the Curia’s decision has received statutory support
The post presents a new era in the recovery of litigation costs, in which the Curia’s expectation that courts should not reduce successful parties’ lawyers’ fees without justification has received statutory reinforcement.
The piece analyses the legislative response to an earlier leading decision of the Curia that put an end to the courts’ arbitrary practice of reducing lawyers’ fees. The statutory amendment in force from the beginning of 2024 now requires at the level of the law that courts award the contractual fee agreed between the parties, unless it is clearly excessive or abusive. This systemic change fundamentally reinforces the “loser pays” principle, so that for companies and individuals who succeed in a dispute the cost of professional legal representation appears not as a loss, but as a recoverable investment.
Source: https://jalsovszky.com/blog/fizessenek-a-pervesztesek-jogszabalyi-tamogatast-kapott-kuria-dontese
Photo: https://hu.wikipedia.org/wiki/Kúria...
