Trial, Costs, Part 36 Flashcards
What happens when costs are assessed via the standard basis?
The party is unlikely to recover all of its costs from the other side.
The amount recovered will vary according to how reasonable and proportionate the costs being claimed are, but it is not uncommon for only 60% to be recovered.
What will be allowed by the court under standard basis assessment?
Costs that have been proportionately and reasonably incurred; and
are proportionate and reasonable in amount.
Doubt is resolved in favour of the paying party
What will be allowed by the court in an indemnity basis?
Costs have been reasonably incurred; and are reasonable in amount.
Doubt is resolved in favour of the receiving party.
What should a party expect with an indemnity basis assessment?
It will increase the amount of costs a party should expect to recover.
What is the rationale behind indemnity basis of costs?
Indemnity costs would be awarded where there is some element of a party’s conduct of a case which deserves some mark of approval.
When do you use a Tomlin Order?
When the parties wish for the key settlement terms to be confidential and when the agreed settlement terms go beyond what the court could generally order as part of the underlying proceedings.
