Costs Flashcards
1
Q
Standard basis
A
- Usual for costs between parties
- Reasonable amount for costs reasonably incurred
- Must be proportionate
- Doubts resolved in favour of payer
2
Q
Indemnity
A
- Usual for own solicitor, Part 36 C reward, misconduct
- Reasonable amount for costs reasonably incurred
- Doubts resolved against payer
3
Q
‘Proportionate’
A
- Sums in issue
- Complexity
- Additional work generated by conduct
- Reputation/public importance
4
Q
Interim costs orders
A
- Discretionary
- Follow the event
- Costs budget 24 hours in advance
5
Q
Other orders
A
- Costs in any event (paid separate to overall)
- Costs in the case (application combined with the rest)
- Costs reserved (decision later)
- C/D’s costs in the case (whoever wins overall gets their costs)
- Costs thrown away (cannot recover costs unnecessarily incurred)
- No order (each pays own)
6
Q
Where a party achieves only partial success…
A
…court discretion, taking account of conduct, degree of success in the claim, any admissible offer to settle
7
Q
Where there is a joinder of Ds and C succeeds against some…
A
…if unreasonable to have joined, costs follow the event; if reasonable, Bullock/Sanderson order
8
Q
Legal aid not available in:
A
- PI
- Defamation
- Basically anything other than family/JR
9
Q
Legal aid is:
A
- Means tested
- Restricted to individuals
- Subject to cost/benefit criteria (counsel advises)
- At different levels (full/lower service)
