5. Costs & Case Management Flashcards
Effect of no costs order
Each party pays own costs
When will a non-party be ordered to pay other side’s costs?
When they substantially control or is to benefit from proceedings. Excludes pure funders of litigation.
Two bases of deciding costs quantum
Standard and Indemnity
When will indemnity basis be used?
As a penalty relating to conduct
What proportion of costs do parties typically recover on the standard, and indemnity basis?
60%; 70-80%
What does the standard basis say?
Costs must be proportionate and reasonable in purpose and amount. Doubt favours the paying party
What does the indemnity basis say?
Costs must be reasonable in purpose and amount. Doubt favours the receiving party.
What are the four tracks?
Small claims, fast, intermediate, multi track
Which tracks have complexity bands?
Fast and Intermediate
For assessed costs, what are the two levels of detail a court assesses them at?
Summary and detailed
Statement of costs for summary assessment form
N260
Are fixed costs binding on the court?
No
When do courts summarily assess costs
End of trial in fast-track cases; end of interim application hearings; or if the matter lasts less than a day
Procedure for detailed assessment of costs
Detailed assessment order, receiving party serves notice of commencement and bill of costs, paying party has 21 days to dispute items on the bill and serve, lacking agreement receiving party requests hearing
What is the effect of a court ordering claimant’s costs in the case
C recovers costs of interim application if they win the main claim. If D wins, D cannot claim costs for interim application.
What happens when court reserves costs but doesn’t decide who pays
Costs are in the case
What are costs thrown away
When party sets aside a judgment or order, they can recover costs of doing so and original costs protesting the judgment or order
