Question juridique clé
Whether a party's private financial situation must be considered when determining party compensation if the party is covered by legal expenses insurance.
Solution extraite
No. If a party is legally expenses insured, the relevant 'financial position' is that of the insurer, not the insured person's personal assets.
Motifs extraits
Because the insured party does not have to pay his own party costs or the opponent's costs from his own funds, his private assets are irrelevant. The legal expenses insurer replaces him as the economically relevant payer and is to be treated as financially capable.