Introduction

Question 1

What will the civil judge take into account

Answer 1

Whether the defendant has breached their obligations to the claimant and whether that breach has caused the loss

Question 2

Balance of probabilities

Answer 2

It needs to be more probable than not that the obligations have been breached by the defendant and that has caused the loss

Question 3

Judgment

Answer 3

Final decision on liability, quantum and/or remedy

Question 4

Overriding objective

Answer 4

To deal with cases justly and at proportionate cost

Question 5

What does the overriding objective include (6)

Answer 5

Ensuring that the parties are on equal footing; saving expense; dealing with cases in ways that are proportionate to the money involved, importance of the case, complexity and parties’ financial position; ensuring that cases are dealt with expeditiously and fairly; allotting appropriate court resources; ensuring that PDs etc. are complied with

Question 6

Rule 1.3

Answer 6

Parties are required to help the court further the overriding objective

Question 7

Indemnity principle

Answer 7

Winning party cannot recover more from their opponent that they have to pay to their solicitor in the course of the litigation

Question 8

Rule 44.2

Answer 8

The court has discretion as to whether costs are payable, the amount of theses costs and when they are to be paid

Question 9

Factors to take into account by the court when exercising discretion under r44.2 (5)

Answer 9

Parties’ conduct before and during the proceedings; the reasonableness of parties’ raising, pursuing and contesting any allegation; the way the party pursued or defended case/allegation; whether the winner exaggerated their claim; whether a party was only partly successful

Question 10

Usual costs rule

Answer 10

Costs follow the event

Question 11

Standard basis

Answer 11

The default basis; the costs must not have been unreasonably incurred or be unreasonable in amount but only proportionate costs are allowed

Question 12

If there’s any doubt in the standard basis, who is it resolved in favour of?

Answer 12

The paying party

Question 13

Indemnity basis

Answer 13

The costs must not have been unreasonably incurred or be unreasonably incurred or be unreasonable in amount

Question 14

In deciding the reasonableness, what will be taken into account (7)

Answer 14

Conduct of parties; value of money involved; importance of matter to parties; complexity of the matter; skill and effort involved; time spent; place and circumstances in which work is done; the receiving party’s last approved/agreed budget

Question 15

In deciding proportionality, what should be taken into account (5)

Answer 15

Sums in issue; value or any non-monetary relief; complexity of the case; additional work generated by the conduct of the paying party; further factors such as public importance