Costs orders Flashcards
What is a “costs in any event order”?
irrespective of the final result in the case, the party who has been entitled to their “costs in any event” will be entitled to receive their costs of making and fighting the application.
e.g. Billy has made an application against Josh. Billy is successful in making that application but has not prepared a costs schedule for the hearing, meaning the judge cannot summarily assess Billy’s costs of the application at the end of the hearing.
Billy persuades the judge to make an order for costs in her favour and persuades the judge that the order should be that he recieves his “costs in any event”
So even if Josh wins the case, Josh will still have to pay Billy’s costs of the application at which the “costs in any event” order was made in Billy’s favour.
What is a “costs in the case/ costs in the application” order?
The party in whose favourt the court makes an order for costs at the end of the proceedings is entitled to that party’s costs of the part of the proceedings to which the order relates.
Frequently made at Case Management Conferences
the court holds a CMC to determine the directions that are to be given in the case (this usually occurs in multi0track cases, but can occasionally occur in fast track cases). At the end of the CMC the court makes an order for “costs in the case”
Meaning: the party who wins the case will be entitled to recover from the loser their costs of preparing for and attending the CMC. Those costs will be assessed at the end of the case, together with all the other costs of the case.
What is a “costs reserved” order?
Here, the court has decided to defer the decision about who is paying the costs until a later date.
E.g. Meg makes an application against Libby without notice (e.g. for an interim injunction). The court might grant the interim injunction but make an order of “costs reserved”.
The court will then decide whether a different costs order should be made on the return date when Libby will be present to make representations about the continuation of the interim injunction.
What is a “Claimant’s/Defendant’s costs in the case/application” order?
Alex (C) has made an application against Owen (D) and at the end of the hearing the judge made an award of the “Claimant’s costs in the case” (perhaps Alex won the application but did not have a costs schedule prepared, preventing the Court from summarily assessing her costs)
Now, if Alex goes onto win the case at trial, she will be awarded her costs including those costs of preparing for and appearing t the application where the judge awarded “Claimant’s costs in the case”
If Alex loses, Owen will be awarded his costs, save that Alex will not have to pay Owen’s costs of the application where the judge made the “Claimant’s costs in the case ordee”. However, Alex will bear her own costs of that application (Owen will not have to pay them to her).
What is a “costs thrown away order”?
This order relates to costs that have (essentially) been wasted.
E.g. Jillian has failed to file her acknowledgment of service/Defence in time and so Kirsty obtains judgment in default against Jillian.
14 days after obtaining judgment in default, Kirsty begins enforcement proceedings against Jillian. At about the same time, Jillian files an application to set aside the judgment in default.
Jillian’s application to set aside judgment in default is succesful. However, because Jillian was at fault for not filing her AoS/Defence on time in the first place, Jillian is ordered to pay Kirty’s costs of contesting the application.
Kirsty has also spent money on trying to enforce the judgment - that has turned out to be a waste of money as the default judgment has now been set aside. Therefore, the Court may also order Jillian to pay those “costs thrown away” by Kirsty.
Ji
What is a “costs of and caused by” order?
e.g. Sara has pleaded a claim in breach of contract against Jacky. Jacky has recieved Sara’s PoC and has rafted a defence, denying breach of contract.
Some weeks later, Sara decides that she wishes to amend her PoC in order to add a claim for negligence against Jacky.
Jacky objects to Sara’s amendment of the particulars and so Sara makes an application to the court for permission to amend.
The judge permits Sara to amend the particulars but also observes that Sara really ought to have pleaded the case in negligence from the very outset.
Because Jacky will now have to amend her defence to plead to Sara’s amended particulars of claim, the judge awards Jacky the “costs of and caused by” the amendment - so, Jacky will be able to recover from Sara the costs involved in attending Sara’s application for permission to amend (costs of the amendment application) and she will also be entitled to recover the costs of amending her defence
What is a “costs here and below order”?
The party in whose favour the costs order is made is entitled not only to that party’s costs in respect of the proceedings in which the court makes the order but also to that party’s costs of the proceedings in any lower court. In the case of an appeal from a Divisional Court, the party is not entitled to any costs incurred in any court below the divisional court.
What is meant by “no order as to costs” or “each party to pay own costs”?
Each party is to bear that party’s own costs of the part of the proceedings to which the order relates whatever costs order the court makes at the end of the proceedings.
