Types of interim application cost orders Flashcards
What are the different types of costs orders that the court can make after an interim application has been heard in relation to costs?
Costs in any event
costs in the case
costs reserved
claimant or defendant costs in the case
costs thrown away
costs of and caused by
costs here and below
no order for costs
Costs in any event
The party in whose favour this order is made is awarded its costs of the interim hearing from the other party regardless of who eventually wins at trial.
Costs in the case
The party who eventually gets its costs at trial (usually the winner) will recover its costs of the interim hearing from the other party
Costs reserved
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
Claimant or defendant costs in the case
In the case of the claimant’s costs in the case, if the claimant is successful and receives an order that it should be entitled to its costs at the end of trial, it can include the costs of the interim application.
If the defendant is awarded costs at trial, the claimant does not have to pay the defendant’s costs of the interim application.
In the case of the defendant’s costs in the case, the same principles apply but in reverse.
Costs thrown away
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 (including preparation and attendance) 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.
costs of and caused by
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
Costs here and below n
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.
