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A partially successful claimant cannot be ordered to pay the defendant’s legal costs
- 19/03/2018
Article 92, paragraph 2, of the Italian Civil Procedure Code, provides that, when a claim is only partially successful, a court can partially or fully balance the costs of legal representation between the parties.
With regard to this, the Court of Cassation, with Order no. 1572 of 23rd January 2018, has stated that a claimant who was partially successful on his claim or fully successful on one of his claims, cannot be obliged to partially pay the defendant’s legal costs. When, in a case such that at issue, legal expenses are to be balanced between the parties, those expenses, for their unbalanced part, are to be borne only by the defendant.
According to the Court, the party who was forced to start a legal action which was at least partially successful, cannot be ordered to pay part of the other party’s legal costs.
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