Costs orders PD44 Flashcards
Costs in any event/ Costs
P in whose favour the costs order is made is entitled to costs on the part of proceedings to which the order relates, regardless of other orders made in proceedings
Costs in the case / in the application
P in whose favour the court makes the order for costs at the END of proceedings is entitled to that party’s costs to which the order relates
Costs reserved
Costs decision is deferred to later occasion but if no order made, the order is ‘costs in the case’
NB the normal order for interim injunctions
Claimant’s / Defendant’s costs in the case/ application
If the P in whose favour costs order is made wins costs at the end of proceedings, that P is entitled to those costs of the part of proceedings to which the order relates
If that P is NOT awarded costs at the end, the P in whose favour the final costs order is made isn’t liable to pay the costs of the original P RE that part of proceedings
Costs thrown away
Where for example
Judgment or order set aside, P in whose favour order made entitled to costs incurred as a consequence such as prepping and attending the hearing where judgment or order made, prepping and attending any hearing to set aside the judgment or order in question, prepping and attending any hearing at which court orders proceedings or part in question adjourned, any steps taken to enforce a judgment which has then been set aside
NB typical for setting aside DJ
Costs of and caused by
The amending P pays the costs of the amendment (including the other P’s costs resulting from the amendment of the SOC)
Costs here and below
P in whose favour bc it’s order is made is entitled not just to costs in respect of proceedings in THAT court that made the order, but also for proceedings in any lower court
HOWEVER this does not apply to cases involving an appeal from a divisional court , P can’t get any costs incurred below the Divisional Court
No order as to costs/ Each P to pay their own costs
Each party is to bear their own costs of the part of proceedings to which the order relates whatever costs order the court makes at the end of proceedings
