Costs Shifting
/ˈkɒst͡s ˈʃɪftɪŋ/
Definitions
- (n.) The legal principle or practice whereby the court orders one party to pay the legal expenses of another, typically the prevailing party.
The court ruled in favor of the plaintiff and ordered costs shifting to the defendant.
- (n.) A procedural mechanism designed to allocate litigation expenses to discourage frivolous lawsuits or encourage settlement.
Costs shifting can act as a deterrent against unnecessary litigation.
Forms
- costs shifting
Related terms
See also
Commentary
Costs shifting varies by jurisdiction and may depend on factors like the outcome or conduct of parties; drafting clear provisions about costs in contracts or statutes is advisable.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.