Interim Costs Orders Flashcards
What does the costs order ‘Costs in any event’ mean?
A. The party who wins at trial gets the interim costs
B. The decision about costs is delayed
C. Each party pays their own costs
D. The successful party at the interim hearing gets costs regardless of trial outcome
D. The successful party at the interim hearing gets costs regardless of trial outcome
Explanation: This order gives the interim costs to the winning party immediately, no matter who wins overall.
What does ‘Costs reserved’ mean in an interim costs order?
A. The court makes no costs order at all
B. The costs decision is postponed for later
C. The party gets costs only if they lose at trial
D. The party gets both current and lower court costs
B. The costs decision is postponed for later
Explanation: ‘Costs reserved’ means the court will decide later who pays the costs. If not decided, they become ‘costs in the case’.
Which of the following is true about ‘No order as to costs’?
A. The winner gets interim costs
B. The costs are linked to trial outcome
C. Each party pays their own costs
D. The court awards costs to a non-party
C. Each party pays their own costs
Explanation: ‘No order’ means the court does not award costs to either side, so both parties cover their own expenses.
When might the court use the ‘Costs of and caused by’ order?
A. When a party has caused unnecessary costs
B. When a party wins at trial
C. When a judgment is set aside
D. When a party is out of the jurisdiction
A. When a party has caused unnecessary costs
Explanation: This order targets costs caused by a party’s conduct, such as amendments or procedural mistakes.
A claimant amends their claim form halfway through the case, causing the defendant to incur extra costs. What costs order is most appropriate?
A. Costs here and below
B. Costs thrown away
C. Costs of and caused by
D. Costs reserved
C. Costs of and caused by
Explanation: The extra costs were caused by the claimant’s amendment, so this order makes the claimant pay those specific costs.
A defendant wins a time extension at an interim hearing. The court agrees the request was justified and the claimant was obstructive. What order is most likely?
A. Costs in any event
B. Costs in the case
C. Costs reserved
D. No order as to costs
A. Costs in any event
Explanation: The court rewards the successful interim applicant immediately due to justified reasons and poor conduct by the other side.
An application is heard and both parties are partly to blame for the issue. The judge does not think either side deserves to recover costs. What order is most appropriate?
A. No order as to costs
B. Costs in the case
C. Defendant’s costs in the case
D. Costs thrown away
A. No order as to costs
Explanation: The court uses this when it sees both parties as responsible and fairness requires each to bear their own costs.
A defendant makes a successful application to set aside a default judgment. What costs order is likely?
A. Costs thrown away
B. Costs reserved
C. Claimant’s costs in the case
D. No order as to costs
A. Costs thrown away
Explanation: This applies when an earlier order is set aside – the successful party recovers the costs of that order being wrongly made.
A claimant is granted an injunction after a without notice hearing. What might the respondent argue at the return date?
A. Costs in the case
B. Costs of and caused by
C. Costs reserved
D. No order as to costs
B. Costs of and caused by
Explanation: If the injunction was wrongly granted, the respondent may argue the applicant caused unnecessary costs and should pay.
A judge allows a claimant’s interim application but understands both sides’ positions and wants to link the outcome to the trial result. What order fits best?
A. Costs in any event
B. Costs in the case
C. Costs here and below
D. Costs thrown away
B. Costs in the case
Explanation: This order delays deciding who gets the interim hearing costs until the overall case result is known.
