Published: Wed, 07 Mar 2018
4.3 Costs Orders
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There are various types of cost orders that the Court can make, both at interim hearings and at the end of the case, some of which are detailed in section 8.5 of Practice Direction 43-48.
Costs/Costs in Any Event
If this order is made in favour of a party, they are entitled to recover costs in relation to that hearing or application.
Costs in the Case/Costs in the Application
These type of orders are usually made at interim hearings and mean that the party entitled to costs at the end of the trial will be entitled to the costs of this part of the proceedings. Thus a party in whose favour such an order is made will only recover costs for this hearing if they are awarded costs at the end of the trial.
A decision about costs is not made immediately but is instead postponed until a later date. If no later order is actually made, the costs will be the costs in the case.
Claimant’s/Defendant’s Costs In The Case/Application
If a party in receipt of such an order is awarded costs at the end of the case, they may recover costs for this part of the proceedings. If they are not awarded costs following trial, both parties must pay their own costs in relation to this application.
Costs Thrown Away
If a judgment or order is set aside, the party who was awarded costs is entitled to those costs that have been incurred as a result. These will include preparing for and attending any hearing at which the judgment was set aside and will also cover the cost of any steps taken to enforce the judgment that was subsequently set aside.
Costs of and Caused By
This usually occurs when one party is seeking to amend their statement of case. The party in receipt of this order can recover the costs of preparing for, attending and amending their own statement of case.
Costs Here and Below
The order is usually made on appeal and means that the winning party can recover their costs for both the appeal and the hearings at first instance.
No Order As To Costs
In this instance, each party involved in the litigation must pay for their own costs.
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