A winning party in a lawsuit does not always recover all incurred costs, even if the court rules in their favor. The coverage of attorney fees by the opposing party is neither automatic nor systematic, and depends on the sovereign discretion of the judge.
A poorly formulated request, or one submitted after the deadline, can deprive a party of a deserved reimbursement. The application of this rule has limits, particularly when it comes to granting legal aid or in certain specific disputes.
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What is the purpose of Article 700 of the Code of Civil Procedure?
Winning a lawsuit does not necessarily mean coming out unscathed financially. Article 700 of the Code of Civil Procedure aims to mitigate, at least partially, the injustice of the costs borne by the party who was right in court. Thanks to this article, a party can claim reimbursement for a portion of their irrecoverable costs: expenses that are not part of the usual costs, primarily including attorney fees, but also sometimes expert fees incurred without being compelled by the judge.
The judge, master of their assessment, can grant or deny this compensation. The amount awarded will depend on each party’s situation, the type of dispute, the complexity of the case, and also the principle of equity. This principle guides the entire process: on one side, the losing party’s ability to bear the expense, on the other, the gap between their resources and the costs actually incurred, without neglecting the context of the dispute.
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To understand Article 700 of the Code of Civil Procedure in a concrete way, it is important to remember that civil justice does not aim to enrich the winner, but to prevent them from coming out too much of a loser from the trial. The amounts awarded are rarely equivalent to the total costs incurred. From one court to another, the logic remains the same: the compensation under Article 700 is not a punishment, but a balancing tool, to limit the injustice of a trial that is costly for all parties involved.
Here are the different elements considered for the application of Article 700:
- Irrecoverable costs: attorney fees, bailiff reports, legal consultations that are not included among the usual costs.
- Judge’s decision: based on equity, the nature of the case, and the resources of each party.
- Procedure: the request must be clear, justified, and submitted before the end of the debates.
Attorney fees, conditions, and steps to request reimbursement
Among the unavoidable expenses of a lawsuit, attorney fees often take the top spot, both for their financial weight and their inevitable nature. Unlike costs, these fees are not reimbursed automatically: they are considered irrecoverable costs, and their coverage by the opposing party is only possible upon express request, under Article 700.
The process to obtain this reimbursement is not automatic. A precise request must be formulated and submitted to the judge before the closure of the debates. This request must detail the nature of the attorney fees, amounts, services, with invoices to support, and argue about the context of the dispute as well as the financial burden suffered. Compensation is never guaranteed: it depends on the quality of the justification provided, the reality of the damage, and the comparison between the means of both parties.
Judicial practice reminds us that the judge sets the amount based on free assessment, without a scale or uniform rule. They take into account equity, the complexity of the case, the duration of the procedure, but also the attitude of the parties. Sometimes, the amount awarded remains symbolic; other times, it compensates a significant portion of the costs. Practices vary from one jurisdiction to another, whether in labor law, commercial disputes, or civil matters.
To be admissible, the request must meet several requirements:
- Include all relevant costs: attorney fees, private expertises, non-recoverable VAT.
- Provide precise supporting documents for each claimed amount.
- Strictly adhere to the procedure and deadlines set by the court.
Article 700 and legal aid: what concrete impacts for litigants?
Legal aid changes the game for many litigants. When one has modest resources, it allows them to face attorney and bailiff fees, partially or fully covered. But how does the application of Article 700 of the Code of Civil Procedure fit into this? This question has very concrete implications for those who engage in a lawsuit.
The judge retains the freedom to grant an amount under Article 700, even if one of the parties benefits from legal aid. However, this payment is never a given: the amount awarded depends on the situation of the case, procedural behaviors, and, always, the principle of equity. If the aided litigant prevails, the amount paid under Article 700 goes back to the State that advanced the costs, except in cases of partial aid.
This functioning, far from being anecdotal, shapes the reality of civil and social lawsuits. Whether it involves struggling businesses, precarious families, or employees, the question of reimbursement for irrecoverable costs arises at every stage. In some cases, the allocation of a sum under Article 700 restores some balance in a power dynamic that is often unequal. Courts rely on a pragmatic reading of each situation, attentive to the economic reality of each litigant.
- Legal aid allows for a claim for compensation, but it influences the amount and destination of the awarded sum.
- The judge remains the sole decision-maker, according to the rules of equity and the requirements of civil procedure.
Because justice does not stop at the verdict, but also plays out in terms of resources, Article 700 reminds us that sometimes, the clearest victory leaves visible marks on the wallet.