Art. 3 Honorarordnung (HonO) - Abweichungen

IV.2024.28 · sg (Art. 3 HonO)

Disability Pension Remand and Legal Aid Denial Affirmation

Used in the reasoning that justifies deviating from the minimum fee for legal representation compensation in Order 6.

EL.2023.45 · sg (Art. 3 HonO)

Retroactive Adjustment of Supplementary Benefits Following Disability Pension Grant

Cited in the reasoning to determine the amount of the partial party compensation awarded in the dispositive (Order 10).

B.2018.75 · sg (Art. 3 HonO)

Building Application Withdrawal and Compensation Liability in Administrative Appeal

Cited in reasoning (E. 5.2) regarding deviation from fee schedules in case of gross disproportion, but not explicitly cited in the dispositive orders.

B.2018.75 · sg (Art. 3 HonO)

Appeal Dismissed Over Mootness Compensation Award

Used to justify deviating from the fee scale based on the low effort in the appeal proceedings.

KV.Z.2016.3 · sg (Art. 3 HonO)

Claimant v. Insurer: Disability Benefits for Psychiatric Condition Overruled Careless Assessment

Used in the reasoning for the calculation of party compensation to confirm the fee was not disproportionate.

B.2014.167 · sg (Art. 2, Art. 3 und Art. 11bis HonO)

Appeal Regarding Quantum of Extra-Judicial Costs in Administrative Appeal

Cited in the reasoning regarding the binding nature of the set fee and the rules for free legal aid/representation, supporting the finding of non-standing.

B.2014.167 · sg (Art. 2, Art. 3 und Art. 11bis HonO)

Cost Assessment Appeal Dismissed Despite Full Success on Merits

Cited in the introductory summary of the case and reasoning regarding the binding nature of the fee schedule (not in the dispositive orders).

KV.Z.2014.6 · sg (Art. 3 HonO)

Claimant v. Insurer: Unusual Exclusion Clause and Disability Capital Entitlement

Cited in the reasoning to justify the reduction of the calculated legal fee, which is the amount awarded in order no. 3.

BZ.2009.2 · sg (Art. 3 HonO)

Cost Compensation for Multiple Prevailing Defendants in Joint Liability

Applied to correct the standard fee to an appropriate amount for the successful defendant.

BZ.2009.2 · sg (Art. 3 HonO)

Work Contract Damages and Cost Award for Non-Solidary Co-Litigants

Used to correct the ordinary fee to an appropriate level for the losing party.

RZ.2008.59 · sg (Art. 3 HonO)

Provisional Evidence Denial and Procedural Error Cured on Appeal

Used when reviewing and ultimately upholding the amount of the party costs awarded to the opposing party.

RZ.2008.59 · sg (Art. 3, 14, 16 Abs. 1 und 17 HonO)

Appeal Regarding Provisional Evidence for Retroactive Inventory Valuation Dismissed

These honorarium rules were applied to review the reduction and reasonableness of the opposing party's attorney's fees.

BZ.2007.84.ZZ.2008 · sg (Art. 3 HonO)

Legal Aid Fee Reduction Overturned on Good Faith Grounds

Cited to define the condition under which the actual effort can be considered when using the statutory fee scale (very high claim value versus very low effort).

BZ.2007.84.ZZ.2008.26 · sg (Art. 3 HonO)

Legal Aid Fee Reduction Upon Final Judgment Overturned

Cited in the reasoning section to explain the limited scope for considering actual effort under the statutory fee schedule when the fee is based on the value of the dispute.

BZ.2007.84.ZZ.2008 · sg (Art. 3 HonO)

Legal Aid Fee Calculation Based on Statutory Tariff and Good Faith Reliance

Cited as a provision under which the actual effort can be considered in the context of the fee tariff based on the value in dispute, particularly when a very high value contrasts with very little effort.