TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
11. Costs 11.1 Responsibility for Paying the Costs of Litigation There are regulations related to litigation costs in Article 326 of the CPC. The party who is deemed to be in the wrong in the case is obliged to cover all the costs incurred by the winning parties in court. This covers court fees and mandatory payments made during the proceedings. Law- yers’ fees, attorney’s minimum fee tariffs, wit- ness, expert witness and discovery expenses are included in the litigation expenses. If there is a partial win and a partial loss, costs are allocated in proportion to the partial loss and win. It is possible to object to the costs of the case. The court’s costs can be challenged by way of appeal or cassation. 11.2 Factors Considered When Awarding Costs The court makes certain assessments when awarding costs to the parties. This varies in cases such as winning or partially winning the case. In the event that the case is won, the losing party is requested to cover the costs of the pro- ceedings determined in Article 326 of the CPC. In other words, the other party claims all com- pulsory expenses incurred during the litigation process. partial win and partial loss, costs are allocated accordingly in proportion to the partial loss and win. If there is a counterclaim, the costs are determined at the discretion of the court. In these proceedings, only that part of the costs necessary to apply to the court and conduct the proceedings is claimed. If there is more than one party against whom a judgment has been rendered, the court will apportion the costs of the proceedings among them and they are held responsible together.
special circumstances and new circumstances have emerged and these circumstances have not been evaluated by the court of first instance, they can be examined (such as new evidence or a legal change). 10.5 Court-Imposed Conditions on Granting an Appeal There are certain requirements that have to be met for an appeal. These are set out in the CPC and the CCP. Failure to comply with specified statutory deadlines will result in the procedural rejection of the appeal. If the fees and costs are not paid in accordance with the deadline, the application will be rejected. In order for the petition for appeal to be justified, material and legal errors must be clearly stated. If these conditions are not fulfilled, the appeal may not be examined or additional time may be granted depending on the circumstances. 10.6 Powers of the Appellate Court After an Appeal Hearing Appeals are available. The courts of first instance may uphold the decision if they find that it is in accordance with the law. In this case, the court decision is final, and no further review is required. It is applied when there is no error on the merits. In order to overturn a decision, a material and legal error must be detected. When a decision is reversed, a request is usually made for a retrial before the relevant court. The Court of Appeal may examine the case on the merits and issue a new decision. The Court of Appeal may, if neces- sary, collect new evidence or hear the parties. For partial upholding or partial reversal, the parts where these decisions are rendered are evalu- ated separately. The part that is not finalised is heard again.
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