Witryna10 mar 2024 · ‘Impecuniosity’ is a rather broad term. Indeed, there seems to be no legal definition, 1 much less a universally accepted one. Nevertheless, it is clear that it does not mean the unwillingness to pay arbitration costs, 2 rather the inability to do so. 3 That does not solve the problem of definition, however. One could ponder whether a party ... Witryna6 mar 2024 · Impecuniosity – a term which is rarely used in day to day language but provides so much importance in credit hire claims. The majority of people who …

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Witryna11 kwi 2024 · The significance of a claimant’s financial situation in a credit hire case dates back two decades, when the courts established a rule that a “impecunious” claimant was entitled to claim the complete credit hire rate, rather than being limited to the rate offered by a standard retail hire firm. Witryna29 sie 2024 · The High Court’s decision to order an unsuccessful party to pay costs, despite that party’s impecuniosity, is reasonable for the following reasons: A costs order provides a deterrent to litigants without funds who may otherwise conduct proceedings in a way that forces other parties to the proceedings to unnecessarily incur costs ( … how do you pronounce hephzibah

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Witryna25 mar 2014 · If impecuniosity is off the table, it is so for all purposes. 11. The obligation to repair / replace: It is reasonable for a Claimant to wait until an assessment of whether it is economical to repair his vehicle has been made. Witryna20 gru 2024 · Court fee remission is considered on a case specific basis and each application is means tested on its own merits, but there may be aspects of the claim that indicate the availability of a fee remission to the claimant. The most obvious is a credit hire claim where impecuniosity is pleaded. Witryna20 mar 2024 · “The defendants have, in my judgment, been playing fast and loose with both the claimants and the courts in relation to these matters and in the process have been causing the claimants to incur more and more costs in reasonably resisting applications which have been made by the defendants. how do you pronounce heraeus