SPECIAL ARRANGEMENT IN NON-PECUNIARY DAMAGES CASES
Article 10 of the Lawyers’ Minimum Fee Tariff regulates non-pecuniary damages. The decision below explains the article with the application.
Pursuant to Article 10 of the Attorneys’ Minimum Fee Tariff in force on the day of the decision, in cases of non-pecuniary damages, the attorney’s fee shall be determined according to the third part of the Tariff over the amount awarded, in case of partial rejection of the case, the fee to be awarded according to the third part of the Tariff in favour of the opposing party’s attorney shall not exceed the fee determined in favour of the plaintiff’s attorney, and in case of complete rejection of these cases, the attorney’s fee shall be awarded according to the second part of the second part of the Tariff; Article 13. Article 13 states that if the subject matter of the legal assistance shown in the second part of the second part of the second part of the Tariff can be evaluated with money or money, the attorney’s fee is determined according to the third part of the Tariff, provided that it is not below the fixed fees specified in the second part of the Tariff for the court where the case is heard; however, the fee awarded cannot exceed the amount accepted or rejected.
CONCLUSION: For the reason explained in subparagraph (2/a) above, the words “….2.725,00 TL attorney’s fee to be taken from the plaintiff and given to the defendant (non-pecuniary damages)” in subparagraph 7 of the judgement paragraph of the appealed decision shall be removed and replaced with the phrase “…1.500,00 TL attorney’s fee to be taken from the plaintiff and given to the defendant (non-pecuniary damages)…”, and for the reason shown in subparagraph (2/b), subparagraph 3 of the judgement paragraph shall be written. subparagraph (3) of the judgement paragraph for the reason shown in subparagraph (2/b), the number “140,84 TL” should be deleted and replaced with “239,00 TL”, the number “1.010,53 TL” should be deleted and replaced with “912,00 TL”, the other appellate objections of the plaintiff’s attorney should be rejected for the reasons shown in subparagraph (1), the decision should be approved in this corrected form and the prepaid fee should be returned upon request, it was unanimously decided on 17/10/2019. 4th Civil Chamber of the Court of Cassation Main: 2019/ 2689 Decision: 2019 / 4729 Date of Decision: 17.10.2019
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