If you lose a case in the district court, appeal to the High Court and you lose the case again or the High Court dismisses your case, then you will have to pay an appeal or litigation costs. The cost introduced by the High Court is similar to the one, which exists with the Supreme Court. The measure was introduced a few years ago to discourage unnecessary harassment and maintain sanctity of the legal process. However, legal service providers shared mixed feelings about the initiative.
The litigation or appeal cost can be anywhere between Nu 3,750 to 11,750 which is one to three months of minimum wage rate.
The High Court has asked appellants to pay only for one month so far.
According to the Judiciary’s Media and Communication Unit, payment should be made during the time of the judgment.
If the judgment gets partially or fully reversed, the appellant need not pay the amount.
The Media and Communication Unit clarified that the appeal cost is different from the court fee, which is between Nu 50 to 100.
While for those who appeal to the Supreme Court, they have to pay Nu 45,000 when an appeal is lodged.
If the appellants lose a civil case, the amount will be paid to the other party.
However, if the judgment gets partially or fully reversed, the amount will be given back.
Meanwhile, several legal service providers welcomed the initiative as it prevents unnecessary appeals but shared their concerns as it might pose challenges to those who are from economically disadvantaged backgrounds.
“In my opinion, when someone appeals to the High Court and if the judgment remains the same, then it seems fair for the person to compensate the other party for all the hassles and expenses incurred. Until now, there was no such system,” said Khandu of Kuenphen Legal Services.
“The judges of the judiciary must have done their best research and have made this system, solely with good intentions, and I have no say on this system,” said Adap Passang of Drukyul Law Firm.
“After the district court passed a judgment but if the appellant still wants to cause inconvenience for the other party, then I think imposing a minimum of one month’s wage rate as litigation cost is required,” said Namgay Phuntsho of Welfare Consultancy in Legal Service.
According to the Annual Judiciary Report 2023, more than 460 cases were appealed from the district courts to the High Court, last year.
The High Court passed judgments whereby 86 were upheld, 16 fully reversed, and 64 partially reversed.
Kinzang Lhadon
Edited by Tshering Zam
