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Civil Law (Wrongs) Act 2002
185Apportionment of costs between lawyers
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185 Apportionment of costs between lawyers
If more than 1 lawyer provides legal services to a party in relation to
a claim for personal injury damages, the maximum costs allowable
under this part (including any additional amount allowed under
section 184) are to be apportioned between them as agreed by them
or, if they do not agree, as ordered by the court (or a taxing officer).
Part 14.2 Costs in damages claims if no reasonable prospects of success
Part 14.2 Costs in damages claims if no
reasonable prospects of success
186 Definitions—pt 14.2
court includes a tribunal or arbitrator.
provable facts, in relation to a lawyer—a fact is provable in relation
to a lawyer only if the lawyer believes on reasonable grounds that the
material then available to the lawyer provides a proper basis for
claiming the fact.
reasonable prospects of success—
(a) a claim has reasonable prospects of success if there are
reasonable prospects of damages being recovered on the claim;
and
(b) a defence has reasonable prospects of success if there are
reasonable prospects of the defence defeating the claim or
leading to a reduction in the damages recovered on the claim.