Order No. 10367 of 2024: the value of the case in voluntary litisconsortium

The recent order no. 10367 of April 17, 2024, from the Court of Cassation, presided over by R. F., provides important clarifications regarding the determination of the value of the case in the event of voluntary litisconsortium pursuant to Article 103 of the Italian Civil Procedure Code. This topic is of significant interest to lawyers and legal professionals, as it affects not only litigation strategy but also the calculation of professional fees.

Voluntary litisconsortium and its regulation

Voluntary litisconsortium, regulated by Article 103 of the Code of Civil Procedure, occurs when multiple plaintiffs or defendants participate in the same proceeding, but their claims remain autonomous. The Court, in this order, emphasized that in such cases, the value of the case cannot be determined by summing the value of the individual claims, as they are considered distinct and autonomous.

  • Value of the case: not the sum of the claims.
  • Reference to the claim of higher value.
  • Implications for the calculation of fees.
Generally. In the case of voluntary litisconsortium pursuant to Article 103 of the Civil Procedure Code, the value of the case is not determined by summing the value of the individual claims proposed by a single plaintiff against multiple defendants or by multiple plaintiffs against a single defendant, since these, being accumulated only on the subjective side, must be considered distinct and autonomous from one another, and one must, instead, refer to the criterion of the claim with the highest value. Consequently, even for the purpose of calculating the fees owed to the lawyer who has assisted multiple parties, the standard compensation (on which the increases and decreases provided for by Article 4, paragraphs 2 and 4, of Ministerial Decree No. 55 of 2014 should be applied) must be determined within the relevant bracket in relation to the claim (or conviction) of the highest amount.

Practical implications of the ruling

This ruling has significant consequences for all legal practitioners. In particular, it clarifies that, even for the calculation of fees, the aggregate value of the claims should not be considered, but rather the value of the highest claim. This approach avoids the risk of overestimating the value of the case and the legal costs, making the system fairer and more sustainable.

Conclusions

In conclusion, order no. 10367 of 2024 represents an important step forward in understanding the regulation of voluntary litisconsortium and the determination of the value of the case. Lawyers must pay particular attention to these indications to avoid errors in managing cases and calculating fees. The clarity provided by the Court helps ensure the correct application of the rules and greater protection of clients' rights.

Bianucci Law Firm