DR - Costs Flashcards
What is the risk of refusing ADR?
If you win, the court can refuse to award costs
What are fixed costs?
Some disputes have fixed costs:
- uncontested disputes
- enforcement proceedings
- small claims
(court can chose to disapply the fixed cost regime)
What are summary assessed costs?
Court determines the amount payable immediately after the case (hence why the costs budgets need to be provided 24 hrs before the hearing)
When are summary assessed costs used?
- Fast track cases
- Interim applications lasting less than a day
What are detailed costs
line by line approach
When is the process for detailed costs used and what’s the process?
- court orders costs subject detailed assessment
- receiving party serves a notice and bill of costs on the paying party
- paying party has 21 days to dispute
- if can’t agree go to hearing
Interim cost orders:
What are costs in any event?
party awarded costs regardless of who wins
Interim cost orders:
What are costs in the case?
loser pays winner
Interim cost orders:
What are costs reserved?
decision will be made later
Interim cost orders:
What are claimants costs in the case?
Claimant wins = gets costs for interim app
Claimant loses = doesn’t have to pay defendants costs for interim app
Interim cost orders:
What are costs thrown away?
get costs for judgement set aside including hearing at which original judgement given as well as judgement when set aside
Interim cost orders:
What are costs of and caused by?
party pays costs resulting from their mess up
Interim cost orders:
What are costs here and below?
get costs for this case and earlier one in the court below
Interim cost orders:
What if there is no order for costs
each bear their own costs
What is the disposable income limit for civil legal aid?
£733 or less
