W2 Costs

Question 1

CPR 44.1

Who is an authorised court officer?

Answer 1

Any officer of-

1. the County Court;
2. a district registry;
3. the Family Court;
4. the High Court; or
5. the Costs Office.

Question 2

CPR 44.1

Conditional fee agreement

Question 3

CPR 44.1

Question 4

CPR 44.2

What is the courts discretion as to costs?

Answer 4

1. whether costs are payable by one party to another;
2. the amount of those costs; and
3. when they are to be paid.

Question 5

CPR 44.2

What is the usual rule as to who pays whos costs?

Answer 5

general rule: unsuccessful party will be ordered to pay the costs of succsessful party

BUT

the court may make a different order.

Question 6

CPR 44.2

When does this general rule not apply?

that unsuccessful party pays costs of successful party

Answer 6

• proceedings in CofA on an application or appeal made in connection w proceedings in the Family Division; or
• proceedings in the CofA from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

Question 7

CPR 44.2

What must the court have regard to when making a costs order?

Answer 7

• conduct of all parties
• whether a party has succeded on part of its case, even if that party has not been wholly successful
• any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.

Question 8

CPR 44.2

What does the conduct of the parties include?

Answer 8

• conduct before, as well as during, the proceedings & in particular the extent to which the parties followed the Pre-action conduct/protocol.
• whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue.
• manner in which a party has pursued or defended its case or a particular allegation or issue.
• whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim.

Question 9

CPR 44.2

What are the orders that the court can make?

Answer 9

• a proportion of another party’s costs
• a stated amount in respect of another party’s costs
• costs from or until a certain date only
• costs incurred before proceedings have begun
• costs relating to particular steps taken in the proceedings
• costs relating only to a distinct part of the proceedings
• interest on costs from or until a certain date, including a date before judgment

Question 10

CPR 44.2

Before the court makes an order for costs relating only to a distinct part of the proceedings…

Answer 10

it will consider whether it is practicable to make an order under:

• a proportion of another party’s costs or
• costs from or until a certain date only

instead.

Question 11

CPR 44.2

what will the court order when it orders a party to pay costs subject to a detailed assessment?

Answer 11

pay a reasonable sum on account of costs

unless there is good reason not to do so

Question 12

CPR 44.3

How will the court assess costs (whether by summary or detailed assessment)?

Answer 12

1. on the standard basis; or
2. on the indemnity basis

but the court will not in either case allow costs which have been reasonably incurred or are unreasonable in amount.

Question 13

CPR 44.3

Costs on a standard basis?

Answer 13

the court will-

a. only allow costs which are proportionate to the matters in issue.
if disproportionate, may be disallowed or reduced even if they were reasonably incurred.

b. resolve any doubt which it may have as to whether costs were reasonably + proportionately incurred or were reasonable + proportionate in amount in favour of the paying party.

Question 14

CPR 44.3

Costs on an indemnity basis?

Answer 14

the court will resolve any doubt which it may have as to whether costs were reasonably incurred or were reasonable in favour of the receiving party.

Question 15

CPR 44.3

What if the court makes an order about costs without indicating which basis the costs are to be assessed?

Answer 15

standard basis

Question 16

CPR 44.3

What if the court makes an order for costs to be assessed on a basis other than the standard basis or the indemnity basis?

Answer 16

standard basis

Question 17

CPR 44.3

How are costs incurred proportionate?

Answer 17

if they bear a reasonable relationship to-

a. the sums in issue in the proceedings

b. value if any non-monetary
relief in issue in the proceedings

c. complexity of the litigation

d. any additional work generated by the conduct of the paying party

e. any wider factors involved in the proceedings, such as reputation or public importance

f. any additional work undertaken or expense incurred due to the vulnerability of a party or any witness.

Question 18

CPR 44.3