DR - Costs General Flashcards
What happens if the judge does not make an order as to costs?
Each party pays their own costs
What are solicitor-client costs?
Costs payable by the client to the solicitor under the contract retainer
What are inter-party costs?
The actual figure for costs awarded by the court which one party has to pay the other.
What is the indemnity principle?
A party will not be able to recover a sum in excess of their liability to their own solicitor.
What are Non-party costs and when are they made?
- Costs awarded AGAINST a person who is not party to the proceedings
- When the court considers them to be just
- Where the non-party both funds but also substantially controls or at any rate is to benefit from the proceedings (effectively litigation funders)
What does the court have discretion over when awarding inter-party costs?
- Whether the costs are payable,
- The amount of the costs,
- When they are to be paid
What is the Standard basis for the amount of inter-party costs?
Costs which:
- Have been proportionately and reasonably incurred,
- are a proportionate and reasonable amount.
Any doubt is resolved in favour of the PAYING party.
What is the Indeminty basis for the amount of inter-party costs?
Costs which:
- Have been reasonably incurred and
- are a reasonable amount.
- Any doubt is resolved in favour of the RECEIVING party
(normally pays more than the standard basis)
When is the indemnity basis used for inter-party costs?
normally used to mark disapproval by the court
How will the court decide the amount of costs after considering the Standard or Indemnity basis?
the court will consider:
- all the circumstances of the case (including conduct of the parties)
- The receiving party’s last budget
What is the standard time for paying costs?
within 14 days of:
- the date of the judgement or order if it states the amount of costs.
- the date of the certificate which states the amount due (if a decision about the quantum is made later)
What is the overriding objective when it comes to costs?
To deal with a case justly and at a proportionate cost.
What is the general rule for costs payable
Costs follow the event - i.e. the loser pays the winner.
Does the court have discretion when considering costs and what will it consider?
Yes - complete discretion. It will discuss the parties conduct (e.g. ADR) and whether the party has succeeded on some issues.
