What the service includes
Recovery of court costs is a standalone claim, separate from recovery of the principal debt or whatever else the dispute was about. The right to reimbursement is set out in Article 110 of the Arbitrazh Procedure Code for commercial disputes and in Articles 98 and 100 of the Civil Procedure Code for courts of general jurisdiction: the party in whose favour the decision is made is entitled to compensation from the losing party for the costs it has incurred.
Court costs include state duty, legal representation fees, court-appointed expert examinations, travel and postal expenses, and the cost of notarising the representative’s power of attorney. Every item must be supported by documents: without payment records, the court will not award it.
The most frequent point of contention is the amount of legal fees. The court awards them within reasonable limits, and we justify the sum by the complexity of the case, the volume of materials prepared, the number of hearings, the length of the proceedings and the going regional rates for comparable services.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Calculating court costs
We collect and organise every cost incurred, from state duty to expert and legal fees, with supporting documents for each item. Timeframe: 3-5 days.
Application to the court
We file a separate application to recover court costs. This is possible only after the decision in the main dispute has entered into legal force. Timeframe: 7-14 days.
Hearing the application
We attend the hearing, justify the reasonableness and proportionality of the amount claimed, and counter any attempt by the opponent to reduce it. Timeframe: 1-2 months.
Obtaining the writ of execution
Once the court has ruled, we obtain the writ of execution and support its presentation for enforcement until the funds reach your account. Timeframe: 1-3 months.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
Filing the claim together with the main action. Legal and litigation costs cannot be recovered in full in advance within the main proceedings. A separate application is filed only once the decision on the merits has entered into legal force, and an attempt to combine the two claims usually leads to this part being rejected.
Payment not proved. The court recovers only costs actually incurred and supported by documents. An oral agreement, or an acceptance certificate without a payment document, is not enough, and the lack of a bank statement or receipt is a common reason for refusal.
An unsubstantiated amount. Where a sum is claimed without a calculation or reference to the volume of work done, the number of hearings and regional rates, the court reduces it at its own discretion, often several times over. The case for reasonableness must be as thorough as the claim itself.
What you get
A well-founded application for recovery. We prepare the application with a detailed calculation of each item of cost and references to the supporting documents, from the agreement with the representative to the receipts for the expert examination.
Defence against a reduction. At the hearing, we argue for the reasonableness of the amount claimed, relying on the complexity of the case, the volume of materials and the going regional rates.
A writ of execution for reimbursement. Once the application has been decided, you receive a writ of execution ready to be presented to the debtor’s bank or the bailiffs.
Funds actually received. We support the recovery until the awarded sum has actually reached your account, not merely until the court’s formal ruling.
Related
Frequently asked questions
When can an application to recover court costs be filed?+
Only once the court’s decision in the main dispute has entered into legal force. It is a separate application, not part of the original claim, and must be filed within three months of that date.
What do court costs include?+
State duty, legal representation fees, court-appointed expert examinations, travel and postal expenses, and the cost of notarising the representative’s power of attorney.
How does the court decide whether legal fees are reasonable?+
It considers the complexity of the case, the volume of materials prepared, the number of hearings and the length of the proceedings, as well as the going rates for comparable services in the region and proof that payment was actually made.
Can costs be recovered if the claim is upheld only in part?+
Yes, but proportionately: the share of costs that can be recovered is recalculated according to the part of the claim the court has upheld.
Which documents prove legal fees?+
The legal services agreement, acceptance certificates for work performed, and payment documents (bank statements, payment orders or till receipts) confirming that payment was actually made.
How long does it take to recover court costs?+
The application is usually decided within one to two months, but the timeframe is longer if the opponent files an interlocutory appeal against the court’s ruling.