What IFs

Question 1

What can D do if D thinks there are no reasonable grounds for bringing the claim?

Answer 1

Apply for

• Strike Out
• Default Judgment
• Summary Judgment

Question 2

What can D do if D needs more clarification or information about a matter or dispute?

Answer 2

Request further information

Question 3

What can C do if there are concerns that D will not be able to pay D’s costs when C wins?

Answer 3

Apply for Security of Costs

Question 4

What can C do if they wish to claim an advance payment of what he believes he will win in damages?

Answer 4

Apply for an Interim Payment

Question 5

What can C do if they become aware that they need to find the identity of the wrongdoer?

Answer 5

Apply for Norwich Pharmacal Order

Question 6

What can C do if they want an injunction to either prevent D doing something or requires D to do something?

Answer 6

Apply for

• Prohibitory injunction
• Mandatory injunction

Question 7

What can C do if they wish to discover whether or not they have a viable case against a potential defendant? How?

Answer 7

Apply for Part 23 Application (Interim Applications)

1. Application notice
2. Evidence
3. Draft Order

Question 8

What can C do if they wish to bring proceedings but need to first identify the wrongdoer? Which claim?

Answer 8

apply for Norwich Pharmacal Order by bringing Part 8 claim

Question 9

What happens if in a case of multiple defendants, where C wins against only some of the defendants and loses against others?

Answer 9

Cost orders:

Direct cost order: Sanderson order
An Indemnity: Bullock Order

Question 10

What is a Direct cost order?

Answer 10

Direct cost order is a cost order given where C wins partially against some Ds but loses against another,

court will order losing Ds to pay both fees of C and the winning defendants as well as their own, as well as C’s winning costs

(Sanderson Order)

Question 11

What is an Indemnity cost order?

Answer 11

Direct cost order is a cost order given where C wins partially against some Ds but loses against another

Court will order C pays the winning D’s costs and order the losing D’s to pay C’s winning costs, their fees, as well as reimbursed C for the winning D’s fees

(Bullock Order)

Question 12

Give an example of an Indemnity cost order?

Answer 12

Bullock Order

Question 13

Give an example of a Direct costs order?

Answer 13

Sanderson Order

Question 14

The court when exercising discretion as to costs may choose to order costs are paid by how many mechanisms/orders? What are they?

Answer 14

2

Standard and Indemnity

Question 15

What happens if Judge find that it was not reasonable for C to join in one or more D’s?

Answer 15

C will likely be ordered to pay own costs for bringing claim against them

Question 16

TRUE OR FALSE: for C to bring claim against one or more D’s, must have reasonable belief?

Answer 16

TRUE

Question 17

What is a Sanderson order?

Answer 17

court will order losing Ds to pay both fees of C and the winning defendants as well as their own, as well as C’s winning costs

(Sanderson Order)

Question 18

What is a Bullock order?

Answer 18

Court will order C pays the winning D’s costs and order the losing D’s to pay C’s winning costs, their fees, as well as reimbursed C for the winning D’s fees

(Bullock Order)

Question 19

When should costs be paid following judgment?

Answer 19

within 14 days of judgment

Question 20

What is a summary assessment and when is it used?

Answer 20

Where court determines the costs there and then at the end of a hearing or trial

Fast Track claims

Question 21

Wat is a detailed assessment and when is it used?

Answer 21

Multi- Track claims

Question 22

What can be done if paying party disputes costs?

Answer 22

Summary assessment of costs

Question 23

Each party who intends to claim costs must prepare what?

Answer 23

a written statement of those costs

Question 24

Who must assist the judge in making summary assessment costs?

Answer 24

Parties and legal representatives

Question 25

When must parties file the statement of costs in Fast Track trials?

Answer 25

not less than 2 days before trial

Question 26

When must parties file the statement of costs in cases which last 1 day or are short hearings?

Answer 26

not less than 24 hours

Question 27

What will the court take into account to determine awarding fees and expenses?

Answer 27

Bases on which costs are assessed

Question 28

What are the basis’ which costs are assessed?

Answer 28

Standard basis

Indemnity basis

Question 29

TRUE OR FALSE: Courts will not in either case allow costs which have been unreasonably incurred or are an unreasonable amount

Answer 29

TRUE

Question 30

What basis will be used to assess costs if one is not specified by court?

Answer 30

The basis of assessment is Standard

Question 31

What is the standard basis for assessing costs?

Answer 31

costs are proportionality and reasonably incurred or a proportionate and reasonable amount

Question 32

What happens in an Indeminity basis for assessing costs where the costs were unreasonably incurred or unreasonable amount

Answer 32

Full costs will not be allowed

Question 33

What happens in a standard assessment of basis whereby the costs are unreasonably incurred or of a disproportionate in amount?

Answer 33

Full costs will not be allowed

Question 34

When will costs not be allowed in an indemnity of assessment of basis?

Answer 34

If court decides that costs were unreasonably incurred or unreasonable amount

Question 35

When will costs not be allowed in a standard assessment of basis?

Answer 35

costs unreasonably incurred or of a disproportionate in amount

Question 36

What are the methods of assessing costs?

Answer 36

Summary assessment of costs

Detailed assessment of costs

Question 37

What is the general rule for detailed assessment of costs?

Answer 37

costs of any proceedings are not to be assessed until the conclusion of proceedings

Question 38

What can the court do if the amount of costs are not agreed between the parties?

Answer 38

court can order a detailed assessment by costs officer to decide costs payable by one party to another

Question 39

What is a ‘final order for costs to be assessed if not agreed’ ?

Answer 39

When court can order a detailed assessment by costs officer to decide costs payable by one party to another

Question 40

Who must commence a detailed assessment? When?

Answer 40

It must be commenced by the receiving party within 3 months

Question 41

What can an opposing party do if they dispute a costs assessment? When?

Answer 41

Opposing party may serve a ‘points of dispute’ within 21 days of receiving a ‘notice of commencement of assessment’

Question 42

What can a party do if the opposing party serves a ‘point of dispute’ ? When?

Answer 42

Party can serve a ‘Replies to points of dispute’ , should be served within 21 days of receiving points of dispute

Question 43

What is the additional basis for assessing costs in Multi-track?

Answer 43

Amount agreed in final costs budget

Question 44

In Multi-track cases when must parties file and exchange budgets?

Answer 44

1. Where value of claim is less than £50k

2. no later then 21 days before first case management conference

Question 45

What happens if a party fails to file a budget?

Answer 45

Party is taken to have filed one which only deals with the applicable court fees

Question 46

What happens if a party fails to file a budget within 7 days prior to date of hearing?

Answer 46

Party is taken to have filed one which only deals with the applicable court fees

Question 47

What is the purpose of cost management following cost budgets? Why?

Answer 47

court should manage both the steps to be taken and costs incurred by parties

Overriding objective

Question 48

Example of when cost management does not come into play with Multi-track claims?

Answer 48

• Part 8 claims (settlement on behalf of child)
• Part 7 claims
• less than 10million

Question 49

What is a hearing which is convened for the purpose of cost managed?

Answer 49

Cost management conference