Costs

Question 1

General rule

Answer 1

Costs follow event

Question 2

Fixed costs

Answer 2

Regime set out in CPR - set amount payable

Question 3

Assessed costs and on what basis

Answer 3

Court determine costs

Standard basis
Indemnity basis

Question 4

Standard basis

Answer 4

Usually around 60%

Court allow costs PROPORTIONATELY and REASONABLY incurred and in amount

Doubt resolved in favour of paying party

Question 5

Indemnity basis

Answer 5

Usually around 70/80%

Court will allow costs REASONABLY incurred and in amount

No requirement to be proportionate

Doubt resolved in favour of the receiving party

Question 6

Proportionate costs

Answer 6

Must be reasonable relationship to
- sum in issue
- complexity
- value of any non-monetary relief

Question 7

Factors in deciding costs after determining standard/indemnity basis

Answer 7

Conduct of parties - inc adr
Complexity
Receiving party’s last approved costs budget

Question 8

Summary assessment

Answer 8

Used in fast track and interim hearings

Costs decided at end of hearing

Parties file and serve statement of costs not less than 24 hrs before hearing. Court will review and hear submissions

Question 9

Detailed assessmeny

Answer 9

Multi track

Receiving party serves notice of commencement and bill of costs on paying party

Must respond within 21 days of service

If parties cannot agree, costs officer will determine

Question 10

Deadline for complying with order for costs

Answer 10

Paying party must comply within 14 days of date of judgment (if states amount) or date of certificate (if detailed assessment)

Question 11

Qualified one way costs shifting

Answer 11

Regime for recovery of costs between parties in proceedings for death and personal injury

If claimant wins - can recover costs and enforce in usual way

If claimant loses - costs against them cannot be enforced except up to level of damages/interest awarded - likely to be 0

Question 12

Does qualified one way costs shifting prevent costs order being made against C

Answer 12

No - just imposes restrictions on enforcement of costd

Question 13

Exceptions to QOCS regime

Answer 13

Enforcement of costs against claimant without permission of court allowed where

• c has disclosed no reasonable ground for bringing claim
• proceedings are an abuse of court process
• conduct ot claimant likely to obstruct just disposal of proceedings
• claim is found on balance of probabilities to be fundamentally dishonest (permission needed)

Question 14

Interim costs order

Answer 14

Usually summarily assessed (at end of hearing)

Question 15

Possible interim costs orders

Answer 15

Costs in any event - party in whose favour the order is made is awarded costs regardless of who wins at trial

Costs in the case - party who gets costs at trial will recover costs of interim hearing

Costs reserved - decision is put off to later occasion. If not made = costs in case

Claimant’s costs in case - if claimant is awarded costs at end of trial, can include costs of interim app. If D is awarded costs at trial, C does not have to pay D’s costs of interim application

Defendant’s costs in case - if defendant is ordered costs at end of trial, can include costs of interim app. If C is awarded costs at trial, D does not have to pay C’s costs of interim application

No order for costs - each party pays own costs