DR IX Costs and Enforcement of Money Judgement Flashcards
Overriding objective for according costs
the purpose of overriding objective is to ensure that parties are on an equal footing, to save expense, and to deal with claims in a proportionate manner
General rule for according costs
That Loser pays the winner’s costs.
The court may depart from the usual costs rule where there has been:
(6)
PAWNER
Failure to comply with a pre-action protocol;
Failure to negotiate
A refusal to engage in ADR
Rejection of a Part 36 offer
Exaggeration
A failure to succeed on the whole of the claim
Explain the indemnity principle
The indemnity principle states that a party cannot recover more from an opponent than they are liable to pay their own legal representative. The limit is actual costs.
Explain the Standard basis on costs
The standard basis is where the court allows only proportionate costs and exercises any doubt in favour of the paying party
Explain the indemnity basis
The indeminity basis is used when the court has doubts in the receiving party’s favour. The court does not consider proportionality. The paying party can dispute that the costs on the argument that it was unreasonable for the winner’s solicitors to do the work at all.
Requirement for drafting a budget to receive costs
The parties must file their budget with the Directions Questionnaire if the case is worth less than 50000 or
if the value is 50,000 or more, 21 days before the first Case Management Conference.
no budget no costs awarded but court fees.
Is there a small percentage leeway from the costs budget determined at CCMC
the costs budget should not be departed from the Costs management order but there is a 20% at most leeway.
Explain interpartes costs
The judge can make an order for inter-partes costs, normally following the principle that the loser pays the winner’s costs.
Interpartes simply means a party in the claim is awarded costs against another party. the term is used to distinguish these from a party’s own costs.
How does a summary assessment of costs be processed at court for interim application or low value case
a statement of costs must be filed by the parties 24 hours before a hearing or two days before a trial, and the judge will make a summary assessment of the costs payable at the conclusion of the hearing.
The court will normally orders the costs to be paid within 14 days. The receiving party is entitled to interest.
costs arrangement for small claims track
the court will generally make no order for payment of legal costs. Exceptions:
the amount payable in lower value road traffic accident claims is limited to fixed recoverable costs
Fixed costs apply in small claims cases or money claims;
Costs recovery in cases proceeding thorugh the portal for low-value road traffic and employer’s liability claims are subject to fixed amounts; and
Fixed trial costs apply in fast track claims.
Define bill of costs and points of dispute
within 3 months aftering handing down of judgement or order, the receiving party must serve a bill of costs.
within 21 days being served the bills of costs the paying party can issue points of dispute or else the receiving party can apply for a default costs certificate.
Define Provisional Assessement
situation provisional assessment will not be carried
A district Judge will provisionally assess if the bill of costs is reasonable and indicate the amount of costs the judge would be prepared to sanction
There will be no provisional assessment where the costs claimed exceed £75,000.
It can be challenged with in 21 days and a detailed assessment hearing will be hosted
Time for payment for cost order
within in 14 days of the final costs certificate.
Definition of security for costs
In certain situations, a defendant may apply for a security for costs order if they are concerned that the claimant will not be able to pay the D’s costs if D wins.
This is a type of interim application. if granted, C must pay money into court or provide a bond. Court will consider if C will be able to pay in granting security for costs