Interim Costs Flashcards
What are interim costs?
The court will consider making a costs order at the end of an interim hearing as well as at the end of trial.
If the court does determine that costs should be paid, it will normally be assessed on a summary basis provided the hearing lasted no more than a day.
What does costs in any event (and summary assessment of costs) mean?
The party in whose favour the order is made is awarded its costs of the interim hearing from the other party regardless of how eventually wins at trial.
What is costs in case?
The party who eventually gets its costs at trial will recover its costs of the interim hearing from the other party.
What does costs reserved mean?
The decision about who pays the costs of the interim hearing is put off to a later occasion. If no decision is later made then the costs will be in the case.
What does claimant or defendant’s costs in the case mean?
If the claimant is successful and receives an order that it should be entitled to its costs at the end of the trial, it can include the costs for the interim application.
If the defendant is awarded costs at trial, the defendant does not pay the claimant’s costs of the interim application, but the defendant cannot include their costs for the interim application in the claim for costs.
In the case of the defendant’s costs in the case, the same principles apply in reverse.
What does costs thrown away mean?
If a judgment or order is set aside, the party in whose favour this costs order is made is entitled to the costs incurred as a result of the judgment or order being set aside. This potentially includes the hearing at which the original order is made, as well as the hearing at which the order is set aside. The rationale is that the judgment or order should never have been made so the party at fault should be punished by having to pay the costs of it being made and set aside.
What does costs of and caused by mean?
A party must pay the costs resulting from something that party has done; for example costs incurred by the defendant resulting from a claimant amending its particulars of claim.
What does costs here and below mean?
The party in whose favour the costs order is made is entitled not only to that party’s costs in respect of the proceedings in which the court makes the order but also to that party’s costs of the proceedings in any lower court. In the case of an appeal from a Divisional Court the party is not entitled to any costs incurred in any court below the Divisional Court.
What does no order for costs (or if no order is made) mean?
Each party will bear its own costs of this hearing.
