What if the winning party did not use a lawyer?
Detailed explanation of the procedural indemnity (PI) in Belgium: Article 1022 Judicial Code, Royal Decree, calculation methods, indexation, and current amounts.
What if the winning party did not use a lawyer?
No. The procedural indemnity is only awarded to a party assisted by a lawyer.
The procedural indemnity is a lump-sum contribution towards the lawyer's costs and fees of the successful party (Article 1022, first paragraph, of the Judicial Code). The Royal Decree of 26 October 2007 states that the amounts are set for each party assisted by a lawyer (Article 1).
A party that represents itself therefore cannot claim a procedural indemnity, not even a reduced amount. It can, however, recover the other legal costs from the losing party, such as the cost of the summons and the court registration fees.
If you are unsure whether the procedural indemnity applies in your situation, consult a legal professional.
Found an error or have a suggestion?
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