EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
10.6 Powers of the Appellate Court After an Appeal Hearing The Court of Appeal might issue a judgment on the subject matter of the case which will become final and enforceable. On the other hand, the Court of Appeal may also reverse the judgment issued by the court of first instance and refer the case to another court, due to the lack of jurisdic- tion of the court issuing the appealed judgment. In such a case, the trial will be repeated before the competent court, as if the appealed judg- ment of the Court of First Instance has not been issued in the first place. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation Pre-litigation Stage The claimant must pay the judicial fees deter- mined by the clerk while submitting their state- ment of claim. Paying these expenses is neces- sary for registering the case before the court, taking into account that the Judicial Fees Law No 90 of 1944 (the “Judicial Fees Law”) has set a maximum limit for the fees to be paid when filing a lawsuit, as these fees are estimated on the basis of claims’ amounts so that the fees can never exceed 5% of EGP10,000, regardless of the value of the claim. Accordingly, these fees When issuing the judgment ending the dispute, the court must rule sua sponte regarding the costs of the claim and must award the expens- es of the lawsuit to the opponent. However, the court may oblige the winning party to pay all or some of the expenses if the right was granted by the losing party, or if the winning party has caused extra and useless expenses during the are usually small fees. Post-judgment Stage
case. However, if each one of the parties has lost some of their claims, it is possible to divide the expenses between them or to impose the pay- ment of all the expenses by one party only. The fee is decided by the clerk based on what was granted by the court. Judicial claims are made against the losing person for expenses within the limits of 7.5% of the amount awarded. It is clear from the above that the real amount of the fee will be paid by the opponent after the judgment is issued; they can also appeal such a determination regarding their obligation to pay the fees in two ways: either by (i) appealing the judgment itself, or by (ii) appealing the claim that will be filed against them for the payment of fees. Other expenses, such as experts’ fees, are esti- mated by the court and paid by the party that is charged with proof. The court also imposes expenses in exchange for the attorney’s fees, which they are obligated to pay. However, the amount of attorney’s fees that the court imposes ranges between EGP50 and EGP200, depending on the judicial degree of the present case. These fees are collected by the Ministry of Justice for the benefit of the Bar Association. It should be noted that it is permitted to request the actual fees paid by the client to their attorney as part of the components of the claimed compensation, and it may be awarded by the court as com- pensation. 11.2 Factors Considered When Awarding Costs The court usually imposes the costs on the losing party, however, sometimes they may be divided between both parties or imposed on the winning party if they are the one who caused the dispute. However, if the opponents agree on a person being responsible for the fees, the court must implement this agreement.
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