Costs - Part 44 Flashcards
Costs
Fees, charges, reinbursement, remuneration. AKA the costs of the process.
Witnesses
Need to be compensated for attending hearing e.g. travel expenses
Does court reserve a discretion as to costs?
Yes, always
What is the general rule when it comes to costs?
Loser pays
When deciding an order to be made as to costs - what will the court think about?
Overriding objective
Conduct of the parties
Won whole/part of the claim
ADR compliance
Pre-action protocols
The conduct in bringing the case originally
Difference between standard and indemnity basis?
Standard - only allowed costs which are proportionate. Decided in favour of PAYING party.
Indemnity - Courts confused and not 100% sure so they’ll do it in favour of RECEIVING party.
What happens if costs are disproportionate?
You’ll either not be allowed them or they’ll be reduced. You’re never allowed unreasonably disproportionate costs
44.4 - factors to be taken into account in deciding the amount of costs
(1) The court will have regard to all the circumstances in deciding whether costs were –
(a) if it is assessing costs on the standard basis –
(i) proportionately and reasonably incurred; or
(ii) proportionate and reasonable in amount, or
(b) if it is assessing costs on the indemnity basis –
(i) unreasonably incurred; or
(ii) unreasonable in amount.
How long do you have to serve on paying party your detailed costs assessment?
Within 3 months of judgment
How many days do they have to raise any points of dispute?
21 days
If you serve on party the detailed assessment, commencement, bills etc and they don’t reply - what can you do?
Go to court and ask for a default costs certificate
If you don’t reply to costs, then you can’t argue about them’ court’ll assume you’re happy with them.
Who gets involved if theres a dispute as to costs?
Costs officer
What are the two forms of costs?
Summary assessment of costs
Detailed assessment of costs
What is summary assessment of costs?
Summary is decided there and then by the judge at the hearing. Fast track would use this
What is detailed assessment of costs?
Go away and come back once costs have been assessed. Multi track would use this.
What is costs officer?
A district judge that would deal with detailed assessment
How many days do you have to pay order for costs?
14 days, unless court orders otherwise
When court doesn’t make order for costs - what does this mean?
usually means no party is entitled to their costs; you’re stick with what you’ve paid
