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1. Why may my legal fees not be fully reimbursed even though I have won the case and the court has ordered the other side to pay me the legal cost?

First, whether you could recover any legal costs from the losing party depends on that party’s ability to pay. It means that if the losing party is insolvent, you may be unable to recover any legal costs even though there is a costs order granted by the Court in favour of you.

 

Second, even if the losing party has the ability to pay, the amount to be paid will be subject to agreement or taxation.  Generally speaking, the winning party in a litigation can only recover about 60% to 70% of the legal costs actually incurred the under the normal scale of party and party taxation. For more details of taxation, please refer to “Can I recover all my legal costs if the court orders another party to pay my legal costs?”.