Cost Hearings

Question 1

Interim cost orders:
What are costs in any event?

Answer 1

party awarded costs regardless of who wins

Question 2

Interim cost orders:
What are costs in the case?

Answer 2

loser pays winner

Question 3

Interim cost orders:
What are costs reserved?

Answer 3

decision will be made later

Question 4

Interim cost orders:
What are claimants costs in the case?

Answer 4

Claimant wins = gets costs for interim app
Claimant loses = doesn’t have to pay defendants costs for interim app

Question 5

Interim cost orders:
What are costs thrown away?

Answer 5

get costs for judgement set aside including hearing at which original judgement given as well as judgement when set aside

Question 6

Interim cost orders:
What are costs of and caused by?

Answer 6

party pays costs resulting from their mess up

Question 7

Interim cost orders:
What are costs here and below?

Answer 7

get costs for this case and earlier one in the court below

Question 8

Interim cost orders:
What if there is no order for costs

Answer 8

each bear their own costs

Question 9

What happens if the judge does not make an order as to costs?

Answer 9

Each party pays their own costs

Question 10

What are solicitor-client costs?

Answer 10

Costs payable by the client to the solicitor under the contract retainer

Question 11

What are inter-party costs?

Answer 11

The actual figure for costs awarded by the court which one party has to pay the other.

Question 12

What is the indemnity principle?

Answer 12

A party will not be able to recover a sum in excess of their liability to their own solicitor.

Question 13

What are Non-party costs and when are they made?

Answer 13

• Costs awarded AGAINST a person who is not party to the proceedings
• When the court considers them to be just
• Where the non-party both funds but also substantially controls or at any rate is to benefit from the proceedings (effectively litigation funders)

Question 14

What does the court have discretion over when awarding inter-party costs?

Answer 14

• Whether the costs are payable,
• The amount of the costs,
• When they are to be paid

Question 15

What is the Standard basis for the amount of inter-party costs?

Answer 15

Costs which:
- Have been proportionately and reasonably incurred,
- are a proportionate and reasonable amount.
Any doubt is resolved in favour of the PAYING party.

Question 16

What is the Indeminty basis for the amount of inter-party costs?

Answer 16

Costs which:
- Have been reasonably incurred and
- are a reasonable amount.
- Any doubt is resolved in favour of the RECEIVING party

(normally pays more than the standard basis)

Question 17

When is the indemnity basis used for inter-party costs?

Answer 17

normally used to mark disapproval by the court

Question 18

How will the court decide the amount of costs after considering the Standard or Indemnity basis?

Answer 18

the court will consider:

• all the circumstances of the case (including conduct of the parties)
• The receiving party’s last budget

Question 19

What is the standard time for paying costs?

Answer 19

within 14 days of:
- the date of the judgement or order if it states the amount of costs.
- the date of the certificate which states the amount due (if a decision about the quantum is made later)

Question 20

What is the overriding objective when it comes to costs?

Answer 20

To deal with a case justly and at a proportionate cost.

Question 21

What is the general rule for costs payable

Answer 21

Costs follow the event - i.e. the loser pays the winner.

Question 22

Does the court have discretion when considering costs and what will it consider?

Answer 22

Yes - complete discretion. It will discuss the parties conduct (e.g. ADR) and whether the party has succeeded on some issues.

Question 23

What is the overriding objective