Costs

Question 1

Different types of litigation costs

Answer 1

Solicitor-client costs
Inter-party costs
Non-party costs

Question 2

Solicitor-client costs

Answer 2

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

The sis easily party may seek an order for the other party to pay their legal costs. However must pay any shortfall.

Question 3

Inter-party costs

Answer 3

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

Question 4

Non-Party costs

Answer 4

The court can award costs against a person who is not party to the proceedings to pay towards costs. Or. The funder of the litigation who will benefit from the proceedings

Question 5

Courts discretion and general rule CPR 44. 2(1)

Answer 5

The court has distraction as to:

a. Whether costs are payable by one party to another
b. The amount of costs
c. When they are to be paid

Question 6

Rule for costs payable by one party to another

Answer 6

The loser pays CPR 44.2(2)(a) - costs follow the event
The court considers the conduct of the parties
Whether a party has succeeded in some part of the claim or only on some issues

Question 7

Amount of costs payable

Answer 7

Basis of assessment CPR 44.3

Decide where it’s standard or indemnity basis CPR 44.3(2), 44.3(3) and 44.4(1)

Question 8

Deciding the amount of costs

Answer 8

Conduct of the parties
The complexity of the matter
The place where and circumstances in which the work was done and the receiving party’s last approved or agreed budget

Question 9

Timing for complying with costs order

Answer 9

Must comply with an order for the payment of costs within 14 days of :
• the date of judgement or order if it states the amount
•if the amount is decided later, the date of the certificate which states the amount CPR 44.7

Question 10

Qualified one way costs shifting (QOCS)

44.13

Answer 10

This is a regime for the recovery of costs between parties in proceedings involving claims for damages in respect of death and personal injury CPR 44.13

Here, if theC wins the case or any aspect of it, they may recover and enforce costs orders obtained in the usual way.

If the C loses, costs against them cannot be enforced except up to the level of damages and interest awarded to the C( which is likely to be £0 if the C has lost)

Orders for costs made under QOCS against a C May only be enforced after the proceedings have been concluded and the costs have been assessed or agreed CPR 44.14(2)

Question 11

Exceptions to the QOCS regime CPR 44.15

Answer 11

Where proceedings have been struck out on the grounds that:

a. The C has disclosed no resealable grounds for bringing a claim
b. The proceedings are an abuse of the courts’ process and
c. The conduct of the C or someone acting on the C’s behalf with the C’s knowledge of such conduct is likely to obstruct the just disposal of proceedings.
d. Where a claim is found on the balance of probabilities to be fundamentally dishonest CPR 44.16