Fee Remission

Is The Failure To Obtain A Fee Remission A Bar To Inter Partes Recovery?

A challenge we are seeing increasingly often goes along the lines of:

“if the receiving party could have, but did not, obtain a fee remission then the fee in question was unreasonably incurred and is not payable by the paying party.”

There have been some competing first instance decisions, leaving the issue ripe for argument in each case.