DR - costs - types of costs

Question 1

In which cases does “Qualified one way cost shifting” occur

Answer 1

Where claims for damages relate to Death and Personal Injury

Question 2

What is “Qualified one way cost shifting”?

Answer 2

• If the claimant wins the case, or any aspect of it, they may recover and enforce cost orders obtained in the usual way.
• If the claimant loses the case or any aspect of it, cost orders against them cannot be enforced except up to the level of damages and interest awarded to the claimant.

Question 3

When will “Qualified one way cost shifting” not apply to cases involving Death or Personal Injury?

Answer 3

If proceedings have been struck out on the grounds that:

• no reasonable grounds for bringing the claim;
• abuse of the court’s process and/or
• The conduct of the claimant (or someone acting on behalf of the claimant with the claimant’s knowledge of such conduct) is likely to obstruct the just disposal of proceedings
• Claim is fundamentally dishonest. here the permission of the court is needed to enforce costs against the claimant

Question 4

When is the “Summary assessment procedure” used and what are the deadlines?

Answer 4

• Fast-Track proceedings and in
• other cases where a hearing has lasted no more than a day.
• Statements of cost should be given to the other party not less than 24 hours before the time fixed for the hearing.

Question 5

What is the process for a “detailed assessment” of costs?

Answer 5

The court orders the detailed assessment. Normally cases lasting over a day on the multi-track

The receiving party serves a notice of commencement and a copy of its bill of costs on the paying partty.

Points of dispute should be served on the receiving party by the paying party within 21days of service of the notice of commencement.

If not agreement reached, the receiving party should file a request for a detailed assessment hearing at which a costs officer will determine the sum to be paid.

Question 6

What are the types of interim cost order?

Answer 6

• Cost in any event - paid win or lose
• Cost in the case - paid if win
• Costs of and caused by - made other side incur costs
• Costs thrown away - claim for set-aside
• Costs here and below - win lower costs

Question 7

What are interim order for Cost in any event?

Answer 7

Person owes cost of interim hearing regardless of whether they later win or not.

Question 8

What are interim order for Cost in the Case?

Answer 8

Person who gets costs at the trial will recover the costs for the interim hearing.

Question 9

What are interim order for Costs thrown away

Answer 9

Where a judgement or order is set-aside, the party who wins gets costs including costs incurred in respect of the original order and their costs in getting the order set-aside.

Question 10

What are interim order for “Costs of and caused by”?

Answer 10

A party must pay the costs resulting from something the party has done; for example costs incurred by the defendant resulting from a claimant amending its particulars of claim.

Question 11

What are interim order for “Cost here and below”?

Answer 11

The party in whose favour the costs order is made is entitled not only to that party’s costs in respect of the current proceedings, but also to that party’s costs of the proceedings in any lower court.

Question 12

What are Claimants cost in the case?

Answer 12

If Claimant wins, they get the costs at the end of the trial in respect of the interim order. If the defendant wins, the claimant will not have to pay their costs in relation to the interim order.

Opposite applies for a Defendant’s cost in the case.