Courts Power As To Costs And Basus For Assessment

Question 1

Court’s Powers re Costs Orders
13. S. 51 SCA 1981 and CPR 44.2(1) -
14. CPR 44.2(2)(a) –
15. CPR44.2(2)(b) -

Answer 1

Court’s Powers re Costs Orders
13. S. 51 SCA 1981 and CPR 44.2(1) - Ct’s Discretion as to (a) by who (b) amount (c) when
14. CPR 44.2(2)(a) – General Rule – loser pays.
15. CPR44.2(2)(b) - May make different order.

Question 2

Basis for Assessment – whichever made, reasonableness always considered
16. CPR 44.3(1) -

17. CPR 44.3(2) –
18. CPR 44.3(3) –
19. CPR 44.3(5) - costs proportionate when they bear reasonable relationship to
20. CPR 44.4 – Lists of factors to consider when deciding amount of costs

Answer 2

Basis for Assessment – whichever made, reasonableness always considered
16. CPR 44.3(1) - sets out basis of assessment, SB or IB, in either case will only allow reasonably incurred and reasonable in amount.

17. CPR 44.3(2) – SB - only allow costs proportionate to matters in issue. Disproportionate in amount may be disallowed or reduced even if reasonably/necessarily incurred.

Any doubt, as to reasonably and proportionately incurred or were reasonable and proportionate in amount, resolved in favour of PP.

18. CPR 44.3(3) – IB - any doubt, as to reasonably incurred or reasonable in amount, resolved in favour of RP.
19. CPR 44.4 – Lists Factors to be taken into a/c when deciding amount of costs (inc. the Pillars – conduct, efforct made to resolve etc)

Question 3

Where Auto Right to Indemnity Basis
19. CPR 46.3(3) –

20. CPR 46.9(3) –
21. CPR 36.17(4)(6) –

Answer 3

Where Auto Right to Indemnity Basis
19. CPR 46.3(3) – costs payable by trustee of personal rep where has been party to proceedings
20. CPR 46.9(3) – assessment of solicitor-own client costs
21. CPR 36.17(4)(6) – expiry period where failure to beat Part 36 Offer

Question 4

Discretionary Award of Indemnity Costs – look at entire circs.& facts of case

22. Excelsior v Salisbury –
23. Garritt-Crithchley v Ronnan –
24. Dixon v Radley House –
25. Russian Airlines v Leeds –

Answer 4

Discretionary Award of Indemnity Costs – look at entire circs.& facts of case
22. Excelsior v Salisbury – conduct or circs. of case taking if “outside the norm”
23. Garritt-Crithchley v Ronnan – refusal to engage in negs/mediation
24. Dixon v Radley House – pursuing unarguable or hopeless claim
25. Russian Airlines v Leeds – Discontinued at late stage