Cost Hearings Flashcards
Interim cost orders:
What are costs in any event?
party awarded costs regardless of who wins
Interim cost orders:
What are costs in the case?
loser pays winner
Interim cost orders:
What are costs reserved?
decision will be made later
Interim cost orders:
What are claimants costs in the case?
Claimant wins = gets costs for interim app
Claimant loses = doesn’t have to pay defendants costs for interim app
Interim cost orders:
What are costs thrown away?
get costs for judgement set aside including hearing at which original judgement given as well as judgement when set aside
Interim cost orders:
What are costs of and caused by?
party pays costs resulting from their mess up
Interim cost orders:
What are costs here and below?
get costs for this case and earlier one in the court below
Interim cost orders:
What if there is no order for costs
each bear their own costs
What happens if the judge does not make an order as to costs?
Each party pays their own costs
What are solicitor-client costs?
Costs payable by the client to the solicitor under the contract retainer
What are inter-party costs?
The actual figure for costs awarded by the court which one party has to pay the other.
What is the indemnity principle?
A party will not be able to recover a sum in excess of their liability to their own solicitor.
What are Non-party costs and when are they made?
- 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)
What does the court have discretion over when awarding inter-party costs?
- Whether the costs are payable,
- The amount of the costs,
- When they are to be paid
What is the Standard basis for the amount of inter-party costs?
Costs which:
- Have been proportionately and reasonably incurred,
- are a proportionate and reasonable amount.
Any doubt is resolved in favour of the PAYING party.
What is the Indeminty basis for the amount of inter-party costs?
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)
When is the indemnity basis used for inter-party costs?
normally used to mark disapproval by the court
How will the court decide the amount of costs after considering the Standard or Indemnity basis?
the court will consider:
- all the circumstances of the case (including conduct of the parties)
- The receiving party’s last budget
What is the standard time for paying costs?
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)
What is the overriding objective when it comes to costs?
To deal with a case justly and at a proportionate cost.
What is the general rule for costs payable
Costs follow the event - i.e. the loser pays the winner.
Does the court have discretion when considering costs and what will it consider?
Yes - complete discretion. It will discuss the parties conduct (e.g. ADR) and whether the party has succeeded on some issues.
What is the overriding objective
