Costs

Question 1

what is the general rule of costs?

Answer 1

the loser pays the winner’s costs

Question 2

What must be considered by the court in relation to the conduct of the parties when it comes to costs? as mentioned under 44.2(5)?

Answer 2

circumstances of the case, whether the parties have engaged in ADR or whether documents have been disclosed.

Question 3

Under 44.1 (1) what is the definition of “fixed costs”?

Answer 3

“costs the amounts of which are fixed by these rules whether or not the court has a discretion to allow some other or no amount”

Question 4

what can fixed costs also include under CPR 44.1 (1)

Answer 4

the amounts which are to be allowed in respect of legal representatives’ charges in the circumstances set out in Section 1 of Part 45
fixed recoverable costs calculated in accordance with rule 45.11
the additional costs allowed by rule 45.18
fixed costs determined under rule 45.21
costs fixed by rules 45.37 and 45.38

Question 5

Under 44.2 (1), What factors do the court have discretion to in relation to costs?

Answer 5

whether costs are payable by one party to another
the amount of those costs
when they are to be paid

Question 6

Under 44.2 (2), if the court do decide to make an order of costs, what are the two options?

Answer 6

the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party but
the court may make a different order.

Question 7

When does the general rule on costs not apply and where can this be found?

Answer 7

44.2(3):
proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division or
proceedings in the court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

Question 8

Which orders can be made under 44.2(6)?

Answer 8

a proportion of another party’s costs;
a stated amount in respect of another party’s costs
costs from or until a certain date only
costs incurred before proceedings have begun
costs relating to particular steps taken in the proceedings
costs relating only to a distinct part of the proceedings
interests on costs from or until a certain date, including a date before judgment.

Question 9

what must the court consider when making an order relating to only a distinct part of the proceedings?

Answer 9

whether it is practicable to make an order of a proportion of another party’s costs or costs from or until a certain date only.

Question 10

Under 44.7 when must a party comply with an order for the payment of costs within 14 days?

Answer 10

the date of judgment or order if it states the amount of those costs
if the amount of those costs is decided later in accordance with part 47, the date of the certificate which states the amount or
such other date as the court may specify

Question 11

Under CPR r44.11(1) when can an order be made by the court make under this rule?

Answer 11

when a party or party’s legal representative fails to comply with a rule, practice direction or court order in connection with a summary or detailed assessment.
it appears to the court that the conduct of a party or that party’s legal representative before or during the proceedings or in the assessment proceedings was unreasonable or improper.

Question 12

if CPR r44.11(1) applies, then what can the court do as mentioned under CPR r44.(1)(2)?

Answer 12

disallow all or part of the costs which are being assessed; or
order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur.

Question 13

Under CPR r44.11 (3) applies, when can the party’s legal representative notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order?

Answer 13

when the party is not present when the order is made and where the court makes an order under CPR r44.11 (2) against a legally represented party.

Question 14

Under CPR 44.12, Where a party is entitled to costs, what can the court do after assessing the costs which that party is liable to pay?

Answer 14

set off the amount assessed against the amount the party is entitled to be paid and direct that party to pay any balance or
delay the issue of a certificate for the costs to which the party is entitled until the party has paid the amount which that party is liable to pay.

Question 15

Under CPR 44.13, what type of proceedings can qualified one-way costs shifting be applied to

Answer 15

damages for personal injuries
damages under the fatal accidents act 1976
damages which arise out of death or personal injury and survives for the benefit of an estate by virtue of section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934.

Question 16

Under CPR r44.3, on what two basis’ will the court use to assess the amount of costs?

Answer 16

the standard basis
the indemnity basis

Question 17

When the court assesses on the standard basis, what will the court do under CPR r44.3(2)

Answer 17

only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.
resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.

Question 18

when will the costs be assessed on the standard basis?

Answer 18

the court makes an order about costs without indicating the basis on which the courts are to be assessed or
the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis.