Cost orders

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Practice notes
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 12th Jan
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...
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Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan
Practice notes
What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...
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9th Nov
Practice notes
Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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9th Nov
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
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9th Nov
Practice notes
This Practice Note provides guidance on claiming interest on judgment debts. For information on claiming interest when issuing a claim, see Practice...
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9th Nov
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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9th Nov
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the...
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9th Nov
Practice notes
This Practice Note explains costs only proceedings which are brought as Part 8 claims and are used to obtain a court order that there should be an...
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9th Nov
Practice notes
This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...
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9th Nov

Most recent Cost orders content

Practice notes
This Practice Note considers the recovery of costs in proceedings involving a child or a protected party. In the majority of cases, the child or...
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13th Apr
Practice notes
This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a...
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Produced in partnership with David Willink of Lamb Chambers 13th Apr
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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12th Apr
Practice notes
This Tracker provides examples of costs judgments where the court has made a wasted costs order.The following judgments provide examples of where the...
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12th Apr
Practice notes
This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main...
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12th Apr
Practice notes
DefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning party to effectively...
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9th Apr
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Apr
Practice notes
The general rule for detailed assessmentThe general rule for when detailed assessment is to take place is set out in CPR 47.1 which provides that the...
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8th Apr
Practice notes
Note that the Costs Capping List Pilot Scheme is running in the Business and Property Courts from 14 January 2018 for to years. For guidance, see...
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8th Apr
Practice notes
This Practice Note considers whether a non-party costs order (NPCO) will be made against a funder of litigation. It considers the differences between...
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8th Apr
Practice notes
ARCHIVED: This Practice Note is archived and for historical reference only.What we have learnt—detailed assessmentSome of the more interesting...
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8th Apr
Practice notes
This Practice Note considers non-party costs orders (NPCO) against solicitors. Such orders may be made where a solicitor acts as a funder where there...
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8th Apr
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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8th Apr
Practice notes
This Practice Note looks at the discretion of judges to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers...
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8th Apr
Practice notes
This Practice Note explains who a non-party costs order (NPCO) may be made against. The Practice Note covers expert witnesses, insurers, litigants in...
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8th Apr
Practice notes
This Practice Note sets out in table format those costs orders the court will most commonly make in proceedings before trial and their general effect,...
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8th Apr
Practice notes
This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on...
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8th Apr
Practice notes
Costs determination and the ‘without prejudice’ ruleAn issue for practitioners is whether correspondence marked ‘without prejudice’ can be used...
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8th Apr
Practice notes
This Practice Note considers the issues surrounding making an application for the court to exercise its discretion under section 51 of the Senior...
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8th Apr
Practice notes
This Practice Note considers the circumstances in which a court may exercise its discretion to order set-off so as to reduce the costs liability a...
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8th Apr

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