SCR o 63.27 to 63.34 – Costs of a Party in a Proceeding

Question 1

63.28 Bases of taxation

Answer 1

Subject to this Part, costs in a proceeding which are to be taxed shall be taxed on—

• the standard basis;
• the indemnity basis; or
• such other basis as the Court may direct.

Question 2

63.30 Standard basis

Answer 2

On a taxation on the standard basis, all costs REASONABLY INCURRED and of REASONABLE AMOUNT shall be allowed.

Question 3

63.30.1 Indemnity basis

Answer 3

On a taxation on the indemnity basis ALL COSTS shall be allowed EXCEPT in so far as they are of an UNREASONABLE AMOUNT or have been UNREASONABLY INCURRED.

Any DOUBT which the Costs Court may have as to whether costs were unreasonably incurred or were unreasonable in amount shall be RESOLVED IN FAVOUR OF THE PARTY TO WHOM COSTS are payable.

Question 4

63.31 Usual basis of taxation

Answer 4

Except as provided by these Rules or any order of the Court, including the Costs Court, costs shall be taxed on the standard basis.

Question 5

63.34 Charges of legal practitioner

Answer 5

A LEGAL PRACTITIONER for a party to whom costs are payable (whether the basis of taxation is the standard basis or the indemnity basis) shall be ENTITLED TO CHARGE and be allowed costs IN ACCORDANCE with the SCALE IN APPENDIX A unless the Court or the Costs Court otherwise orders.