Liechtenstein
Answer ... In principle, the losing party must reimburse its opponent for all necessary legal costs. However, if each party prevails in part and is unsuccessful in part, the costs:
- will be offset against each other, so that neither party is reimbursed for its costs; or
- will be apportioned proportionately.
This does not apply to court fees or fees for experts and witnesses. With regard to these costs, each party to the proceedings is entitled to reimbursement of the costs of the proceedings to the extent of its actual success in the proceedings.
The legal costs will initially be borne by each party itself. The claim for reimbursement of costs will be asserted by submitting a list of costs to the court. The court will then decide on the reimbursement of legal costs by means of an order, which is included in the judgment.
Liechtenstein
Answer ... The costs to be reimbursed will be paid to the party within the framework of the court’s decision on costs. In doing so, the court will award the costs that are necessary and appropriate for the prosecution of the case. However, the reimbursement of costs is in principle granted only in proportion to the winning percentage. If, for example, an amount of CHF 50,000 is claimed, but the judgment only awards an amount of CHF 25,000, only half of the costs will be reimbursed.
Liechtenstein
Answer ... This depends on whether the litigation funder has had the party’s claim assigned to it and is asserting the claim in its own name and for its own account in the proceedings. As the litigation funder is then to be regarded as a (regular) party to the proceedings, the court may also oblige it to reimburse costs (in accordance with the principles outlined in questions 10.1 and 10.2). However, if the litigation funder solely provides the financial means for the proceedings/litigation without having the party’s claim assigned to it, it is not a party to the proceedings and therefore cannot be obliged to reimburse costs.
Liechtenstein
Answer ... Foreign plaintiffs/appellants or natural persons not domiciled in Liechtenstein must, in principle, deposit security for costs if security for the costs of the proceedings cannot otherwise be guaranteed (eg, enforceability of the decision on costs in the country of domicile). The same applies to legal entities if the legal entity cannot show assets in the amount of the presumed legal costs that are subject to enforcement by a court decision.
Liechtenstein
Answer ... The type of funding has no influence on the deposit of security for costs. Regardless of whether funded litigation is involved, the deposit of a security for costs may be applied for in the cases outlined in question 10.4.
Liechtenstein
Answer ... The insurance companies operating under a Liechtenstein licence do not offer legal expenses insurance at the present time. Legal protection insurance services are provided by foreign insurance companies (mostly Swiss). In this respect, Liechtenstein insurance law has no experience with or provisions on ATE legal expenses insurance.
Liechtenstein
Answer ... ATE insurance is not common in Liechtenstein. In this respect, the corresponding empirical values are also lacking.
Liechtenstein
Answer ... In Liechtenstein, legal protection insurance policies that cover the costs of a lawsuit are widely available at reasonable rates. However, these policies may contain certain exclusions from coverage. These policies contribute to the rule of law by ensuring low-threshold access to legal assistance for the broad mass of the population while at the same time avoiding the risk of costs.