Different Approach to Losses Caused by the Abuse of Civil Procedure

Abstract

Recent major amendments of the Code of Civil Procedure of the Republic of Lithuania have added new and improved older procedural instruments that may be used for reimbursement of losses inflicted by the abuse of process. The law now clearly states that the court may take into account improper conduct of the
participants when deciding on distribution of litigation costs. A fine in favour of the party aggrieved by the abuse may also be imposed. Therefore, in this article the authors analyse litigation costs and private fine as measures to reimburse losses caused by the abuse of civil procedure. The authors argue that litigation costs can be a fairly effective and relatively easy-to-use procedural instrument, which might not only prevent procedural abuses, but also compensate losses inflicted by it that falls within the category of litigation costs. Therefore, changes to the statutory legislation, expressly empowering a court to deviate from general rules of distributing and awarding litigation costs, by taking into account the propriety of the party’s actions in a procedure and causes that have given rise to those litigation costs, are welcomed.