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WorksheetsCosts in Civil Litigation
Total questions: 40
Worksheet time: 12mins
Which among the following is NOT true about civil litigation
Litigation is both time consuming and expensive.
The term “Costs” refers to the legal expenses that litigation entails.
In some litigious matters, party may end up being liable not just for its own legal expenses, but the other party’s legal expenses too.
In the event you are the party being ordered to pay the other party’s costs, you can dispute the amount claimed by the other side (if you believe it is unreasonable).
None of the above
Which among the following is untrue about the difference and relationship between legal costs and legal fees
legal fee is what the client pays his lawyer for the latter's service, but legal costs is what one party pays to the other based on court's order
legal fees can be included in the claim of legal costs by a party entitled to costs
legal fee is only one type of items covered under legal costs
in Bill of Costs, legal fees are included in Part A (Getting Up)
To claim his/her legal fee from his/her client, a solicitor has to file form 117 in court, and serve a copy to the client
Which of the following is not true about the principles governing costs in civil litigation?
costs is at the full discretion of the court
party is only entitled to costs under an order from the court
costs must follow the event in all cases
"Costs follow the event" means:
assessment of costs will be subjected to the outcome of the main trial
costs must be paid immediately
costs will be granted to the party that wins the case
assessment of costs will follow the assessment of damages
Which among the following is not a situation that falls under the definition of 'judgment without trial'
Ord 14
Ord 81
Ord 89
Ord 59
Ord 13
There are only two ways to calculate costs according to ROC 2012
True
False
Which among the following is TRUE about when court may assess costs
court may assess court at any time
court may assess costs after the conclusion of the proceeding
if there are more than one interlocutory applications in a case, court will usually assess costs at the end of every each application
All of the above
What is the procedure to claim for costs in civil proceeding?
make submission to the court and pray for the amount of costs needed
write a letter to the court at the end of the trial
bill the client soon after the case is closed
file in Notice of Appeal
What is the estimated costs for a case which has a subject matter of RM20,000
RM100,000
RM2450
RM3320
RM8670
Which among the following is NOT a factor that the court must consider under Rule 16 to determine costs
novelty of the case
importance of the matter to the parties
number of documents perused
skills and specialized knowledge
none of the above
which among the following is NOT a factor that the court needs to consider to determine the amount of costs for a trial in a high court
complexity, and novelty of the case
unnecessary issues raised during the trial
offer made by any parties to settle the case
misconduct and neglect by any parties
the level of court that the case was filed in
Which among the following is a matter that requires the court to use Rule 16
JID
Trial in Magistrate Court
Trial in Sessions Court
Summary Judgment in Magistrate Court
Summary Judgment in High Court
If the defendant pays the amount claimed within the time and in the manner required by endorsement of the writ for a case in the high court, what will the costs be?
RM1000
RM1500
RM1200
RM2000
If the defendant pays the amount claimed within the time and in the manner required by endorsement of the writ for a case in the magistrate court, what will the costs be?
RM100
RM400
RM200
RM300
If the defendant pays the amount claimed within the time and in the manner required by endorsement of the writ for a case in the Sessions Court, what will the costs be?
RM100
RM200
RM900
RM1000
None of the above
If the defendants pays the amount claimed within the time and in the manner required by endorsement of the writ for a case in the high court, and there are two defendants, both represented by different solicitors, what will the costs be?
RM1200
RM1000
RM1400
RM1600
If the defendants pays the amount claimed within the time and in the manner required by endorsement of the writ for a case in the Sessions Court, and it was done only after a substituted service was ordered, and the case involves two defendants what will the costs be?
RM1000 plus disbursement
RM1000
RM1150 plus disbursement
RM1500 plus disbursement
Which among the following are factors that court must consider under Rule 16 for the determination of costs (you may choose more than one answer)
the place and circumstance in which the business was transacted
the amount and value of money involved
the amount and value of property involved (if any)
the time and labour expended by the counsel
ACCORDING TO ROC 2012, a registrar may NOT assess costs
True
False
Which among the following are examples of disbursements as mentioned by Order 59 Rule 7 (you may choose more than one answers)
Filing Fees
Accommodation for Counsels and Witness
Photocopy
Transcribing Court Proceedings
Perusing Pleadings
Misconduct or Neglect that may affect the assessment of costs include the following EXCEPT
the omission to do any thing the doing of which could have saved costs
the doing of anything calculated to occasion unnecessary costs
any unnecessary delay in the proceedings
NONE of the above
Which among the following is TRUE about procedure to apply for costs (you may choose more than one answer if needed)
Judge may ask the parties to tender their submission on costs as part of the substantive submission
Judge may ask the parties to tender their submission on costs separately from the substantive submission
A Bill of Legal Fees shall be annexed to the submission on costs
Bill of Costs must be in Form 117
When a judge feels that he is unable to decide who should be granted costs at the end of an interlocutory application, he will order
Costs in the Cause
Costs Reserved
Costs Paid Forthwith
Costs For The Day
Costs Thrown Away
When a judge has granted costs to one party, but wishes to make his decision be subjected to the outcome of the main trial, he will order:
Costs in the Cause
Costs Reserved
Costs Paid Forthwith
Costs For The Day
Costs Thrown Away
When a judge has granted costs to one party, and wishes for the costs to be paid immediately, he will order:
Costs in the Cause
Costs Reserved
Costs Paid Forthwith
Costs For The Day
Costs Thrown Away
When a judge in a higher court, in appeal case has granted costs to one party, and the costs include all costs from when the case was originally initiated:
Sanderson Order
Bullock Order
Costs Paid Forthwith
Costs Here & Below
Not stated here
When a judge in a trial court wishes to grant costs to an innocent party who has to suffer a delay in the proceeding due to unreasonable adjournment requested by the other, he will order:
Sanderson Order
Bullock Order
Costs in the Cause
Costs Here & Below
Not stated here
Bullock Order refers to a situation involving more than one defendant in a particular case
True
False
Sanderson Order refers to a situation involving more than one defendant in a particular case
True
False
When a judge orders Bullock or Sanderson Order, it means the plaintiff has lost his case to ONE of the defendants.
True
False
In Bullock Order,
the defendant who lost his case to the plaintiff may request the other defendant who wins the case against the plaintiff to pay costs to the plaintiff
the defendant who lost his case to the plaintiff will pay costs to the plaintiff, and this shall include the costs that the plaintiff needs to pay to the winning defendant
the defendant who lost his case to the plaintiff will pay costs to the plaintiff, and will also directly pay costs to the winning defendant
None of the above accurately describe Bullock Order
In Sanderson Order,
the defendant who lost his case to the plaintiff may request the other defendant who wins the case against the plaintiff to pay costs to the plaintiff
the defendant who lost his case to the plaintiff will pay costs to the plaintiff, and this shall include the costs that the plaintiff needs to pay to the winning defendant
the defendant who lost his case to the plaintiff will pay costs to the plaintiff, and will also directly pay costs to the winning defendant
None of the above accurately describe Sanderson Order
In a situation involving costs, there is still a possibility for a judge to use factors mentioned in Rule 16.
True
False
In a situation involving fixed costs, there is still a possibility for any party to rely factors mentioned in Rule 16 instead of being bound by the amounts fixed in the ROC 2012. To do this, they must
file in notice of application and affidavit in support
amend their bill of costs
request from the court not to be bound by the fixed figures in ROC 2012, and provide strong justification
there is no possibility for any party to do this as it goes against the rules in ROC 2012
Tuan Arifin, a magistrate had allowed an application for amendment filed by a plaintiff in a case with the cost of RM1500. Has he made the right decision?
Yes
No
The amount of costs that are payable for trial in the High Court is totally at the discretion of the court. BUT the disbursement is not.
True
False
If a party is dissatisfied with the amount of costs granted by the court, it may:
appeal solely on the ground of costs to dispute the amount
it cannot do anything. Appealing solely on the ground of costs is not allowed
it can incorporate the issue of costs into other acceptable grounds of appeal
it can file a new case afresh
if a case should have been brought to the subordinate court, but was brought to the high court, the court when assessing costs at the conclusion of the proceeding,
may grant costs solely according to its discretion as how it does for any other cases brought before it
may grant costs not more than what the party is entitled to had the case been brought to the subordinate court
transfer the case to a subordinate court for the court to be assesed
sub-delegate the assessment of costs to the registrar
Cost is an extra amount of money that a winning party is entitled to in addition to the subject matter of the case
True
False
Those who scores low in this quiz should do extra homework :)
Agree
Disagree
