6 Costs and costs management

Question 1

When may the court make an order about costs?

Answer 1

At any stage

Question 2

Costs should be considered by parties prior to litigation, who requires an extra warning regarding costs?

Answer 2

A defendant in a multi-defendant claim regarding the personal injury or death of the claimant because they may be ordered to pay the other D’s costs if the they are found liable and the other D is not

Question 3

How does the court use their discretion as to costs?

Answer 3

The court has direction as to whether:
• costs are parable by one party to another
• the amount of those costs
• when they are to be paid

Question 4

How can an order for costs be brought about?

Answer 4

If at the end of a hearing, the order is silent as to costs, counsel would then ask for an order as to costs

Question 5

What are “all the circumstances” that the court consider in relation to costs? (2)

Answer 5

• the level of success of the winner (allele in part and on what / how many issues)
• any admissible offers to settle (Calderbank / P36)

Question 6

Possible cost orders may include: (7)

Answer 6

1. Pay proportion
2. Pay stated amount
3. Costs from or until a certain date
4. Costs incurred before proceedings
5. Costs for distinct part
6. Costs for particular step
7. Interests on costs from a certain date

Question 7

What is Qualified One Way Costs Shifting?

Answer 7

That a defendant can only claim costs up to the amount a claimant has been awarded, in FA and PI claims. Meaning if a claimant has not been awarded any money, the defendant cannot claim costs

Question 8

What are the two exceptions to QOCS?

Answer 8

1. If the defendant is successful in striking out the claimants claim (C’s claim was totally without merit)
2. A defendant can enforce costs up to the full amount with the permission of the court in cases when there is fundamental fraud (i.e. the claimant was not the true claimant)

Question 9

So what does QOCS mean for the enforcement of costs?

Answer 9

It doesn’t count as an outstanding court record

Question 10

In fast track and multitrack claims, once a judge has decided what order as to costs, he will then decide…

Answer 10

The basis costs should be paid (standard or indemnity basis??)

Question 11

When making an order, if costs are stated, they must be paid within

Answer 11

14 days

Question 12

What costs are available in small claims track? (5)

Answer 12

1. LIP £19 an hour
2. Court fee
3. Unreasonable behaviour
4. Witness expenses up to £95 a day
5. £750 per expert

Question 13

What is a Bullock Order?

Answer 13

THERE IS NO D IN BULLOCK OC because unsuccessful D ONLY SENDS TO C

Is when, in a multiple defendant claim, C is successful against one D but not the other. The consequence of this, is that the unsuccessful D must pay both C and successful D’s costs by PAYING D’s and C’s costs to C with CLAIM money and C WILL PAY THE SUCCESSFUL D’s costs

Question 14

What is a Sanderson Order?

Answer 14

THERE IS NO C IN SANDERSON SEND TO D= SANDERSON

Is when a in a multiple defendant matter, the claimant is successful against one defendant but not the other. The unsuccessful defendant must pay the costs of the successful defendant directly to him and then pay the claimants costs and award to him