Hi SFN wondering if anyone in this group could help me with this problem, been fighting a case against a large Bank for over 7 years Judgement has been made and I was paid some settlement and my Avocat paid in full.
But I still do not know what this sentence means in my Judgement my Avocat has took his money and left the building.
dit que le Credit Agricole Centre Loire supportera le charge des entiers depens
I would like to understand this last point so that I can put this case behind me,Please if anyone can help or point me in the right direction.
Janis,
Without having the rest of the context around that part of the judgment I can only tell you that it appears that CA is liable for all of the procedural costs (including those generated from your side, but not your attorney costs.
The Art. 700 award of 1000 Euros for the costs not included in the "dépens", i.e. probably your attorney's costs for giving advice to you, writing letters to you, and writing letters to CA's counsel, etc. As both parties only requested a maximum of 3000 Euros, the actual award of 1000 Euros is not surprising. This is recoverable by your attorney from the losing party, and will probably have been used to cover your attorney's advisory fees - whether or not your attorney has made that clear on his/her invoice is a completely separate issue (they should, but often don't), if you are uncertain, ask them.
Art. 700 awards are generally fairly low, except for rarer civil cases where the parties have had to engage in significant expenditure in obtaining opinions and advice, etc, but as with all things in French litigation, what you don't ask for during the proceedings before judgment is entered, you can be sure you will never get.
What I am trying to say is that the most you can expect to get out of this is 1000 Euros, assuming that that sum hasn't already been deducted by your attorney to cover his own fees as your advisor.
Alex thank you for being so patient with me, I have had 7 years in a legal battle, I have looked through my papers and just noticed Article 700 of the code of civil procedure, I was awarded 1000 euros my submission put in by my Avocat was asking for 3000 and also I noticed that CA was all so asking for the same amount for article 700 - is this the max or am I missing something this is for legal fee's to one's Avocat.
Which brings me back to the orignial question does
dit que le Credit Agricole Centre Loire supportera le charge des entiers depens
just means that CA has to pay for all the extra cost, court cost, expert etc etc....
I know some of you want to pull your hair out just looking at this correspondence and saying wake up and smell the coffee but because of conflicting opinions I have received I would like to relate I paid my advocate prior and assumed the Bank as the loser of the case and the courts decision that they pay all charges I would be reimbursed his fees.
It is a stock phrase in court judgments where award of procedural costs are made. The reason is that the Court says (or rather writes) the law ("dit le droit"), and then sentences ("condamne") the parties separately. The first is the application of the law, the latter the sentencing - all very formal, but ingrained in French judicial proceedings.
Personal costs (as in the fees you paid to your attorney) would come under another heading, Art. 700 of the Nouveau Code de Procédure Civil (NCPC) "frais exposés, et non compris dans les dépens"
Thank you Alex for that information, would it make a difference that they put "-dit" instead of "-condamne " in front of that sentence, because there is no other mention of who pays the legal cost, and not knowing the Law when you translate that sentence it looks like CA has to pay.
Note that it doesn't cover the attorney's counselling fees, merely those for acts of representation (frais de plaidoirie, émoluments et divers droits ou frais au tarif réglementé) - these are all fixed rates
It should also cover attorney fees, see here
Hi David thank you for for your reply, when I translated that sentence that is what I thought it meant but no cost was paid to me.
I asked my friends daughter who is training to be an Avocat she wrote to me "Depens in legal french means all the costs that is necessary for the case but do not include Avocat fees".
Just want to understand this legal sentence.
It says that CA will bear the full costs of the action.