Trial costs issues depending on the phases of judicial review and court decisions

DEZBATERI

Abstract

The article aims to highlight issues related to trial costs in relation to the court decisions and the limits of judicial review exercised in the challenges, thus setting out the criticisms made by the parties in various situations and analyzing the remedies available to them in relation to the court decisions. Without omitting the decisions of the appellate courts, the material focuses on the decisions of the appellate courts when they resolve issues pertaining to such subject matter in order to determine the hypotheses circumscribed by the grounds for quashing provided for in Article 488(1) of the New Code of Civil Procedure, as well as the solutions derived from their application. The issues presented are both the result of research into the subject and of situations encountered in practice, which shows that there is a large body of case law in the courts and, consequently, a real interest in the subject on the part of practitioners and academics alike.

Keywords: trial costs, second appeal, grounds for quashing, proof of trial costs, success fee, proportionality, procedural fault