Costs Flashcards
What is the indemnity principle?
recoverable costs can never be more than the your own costs
What are costs in any event?
an order providing for a party to recover their costs for an issue / part of the proceedings.
What are costs in the case/application?
the favoured party is entitled to their costs of the part of proceedings for which the order relates to.
What are costs reserved?
the decision about costs will be deferred to a later period; but if no order is made, it will be costs in the case
What is the Claimant/Defendant’s costs in the case/application?
Similar to the normal costs in the case but if any other party is awarded costs at the end of proceedings, the original/initial favoured party does not need to pay the costs of any other party in relation to the part of proceedings to which the order relates to.
What are costs thrown away?
if a judgment or order is set aside, the favoured party is entitled to costs that have arisen as a consequence.
What is the rule regarding interlocked and counter claims?
in cases like this, the fairest orders would warrant the favoured party to be awarded a proportion of their costs rather than ordering each party to pay the other’s costs.
What is a Bullock Order?
The Claimant receives their costs from the unsuccessful defendant and then pays the costs of the successful defendant.
What is a Sanderson Order?
The unsuccessful party receives their costs from the Claimant and then pays their costs of the successful party.
What is QOCS?
This displaces the normal rule about costs. It shifts the responsibility for costs from the unsuccessful Claimant to the Defendant. This mainly applies to PI cases.
What are the exceptions to QOCS?
- the claim is fundamentally dishonest
- the claim is for the financial benefit of someone other than the claimant
- the defendant falls within the meaning of s1(3) Fatal Accidents ACT 1976
- C has brought a claim for damages for PI and claims for damages for something other than PI.
What does it mean for a claim to be ‘fundamentally dishonest’?
the dishonesty goes to the root of either the whole of the claim or a substantial part of it.
How is QOCS enforced?
The defendant can only (without permission) enforce the costs order to the extent of the total amount of any damages and interest recovered by the claimant at trial.
However, if the claimant’s claim has been struck out, the defendant can enforce the costs order to the full extent without the court’s permission.
What are the two bases of costs?
standard and indemnity
What are the considerations for the two bases of costs?
Standard:
- reasonable in amount
- reasonably incurred
- proportionate to the matters in issue
Indemnity:
- reasonable in amount
- reasonably incurred
