Cost orders

Cost orders guidance:

This Practice Note considers appeals against cost orders and other preliminary decisions taken in respect of costs orders, such as, whether to order costs on an indemnity...

Practice Note

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, replicating the...

Practice Note

Definitions The following definitions are used in this Practice Note: • interest—this is an additional award made to the winning party to effectively compensate them for...

Practice Note

This Practice Note looks at costs judges’ discretion to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers the courts’ discretion...

Practice Note

Costs determination and the ‘without prejudice’ rule An issue for practitioners is whether correspondence marked ‘without prejudice’ can be used against a party when the...

Practice Note

This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a successful party’s...

Practice Note

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 Practice Note: Business...

Practice Note

ARCHIVED: This Practice Note has been archived. It addresses provisions revoked on 1 April 2013 and is for historical purposes only. Costs capping orders and protective...

Practice Note

This Practice Note refers to Costs Management Orders as CMOs. What are the CPR provisions for CMO? Provisions in relation to CMOs are found in: • proceedings commenced...

Practice Note

What is a multi-party costs order? A multi-party costs order means simply an order in a claim where there are more parties than just one claimant and one defendant. It...

Practice Note

Rationale for enforcing an interim costs order It is important that the courts have mechanisms at their disposal so that they are in a position to enforce interim costs...

Practice Note

Parties' conduct (CPR 44.2) CPR 44.2 looks at the conduct of the parties when considering whether to make a costs order and, if an order is to be made, the amount of...

Practice Note

This Practice Note considers the issues relating to costs when dealing with litigation involving group litigation claims. These are claims which involve multiple parties...

Practice Note

This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a time limit for...

Practice Note

Sanderson and Bullock orders—what are they? Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in which a claimant...

Practice Note

The general rule—no costs recovery The general rule is that where a court order does not make any provision as to costs the parties are not entitled to recover their...

Practice Note

The general rule The general rule is that the costs of each part of the substantive proceedings in any claim (save for interim applications) will fall to be determined by...

Practice Note

This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main issue considered by the...

Practice Note

This Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis...

Practice Note

This Tracker contains details of costs judgments in which the court has awarded indemnity costs or has refused to order indemnity costs. The main issue considered by the...

Practice Note

What is an interim payment on account of costs? Where the court has made an order for the payment of costs by the losing party, the successful party will not recover...

Practice Note

Departing from the general rule The general rule is that the court will order that the losing party pay the successful party's costs. For detailed information on the...

Practice Note

ARCHIVED: This Practice Note is archived and for historical reference only. What we have learnt—detailed assessment Some of the more interesting judgments have been those...

Practice Note

This Practice Note considers the issues surrounding making an application for the court to exercise its discretion under section 51 of the Senior Courts Act 1981 to make...

Practice Note

This Practice Note considers non-party costs orders (NPCO) against company directors and shareholders. Consideration is given to the issue of piercing the corporate veil...

Practice Note

This Practice Note considers whether a non-party costs order (NPCO) will be made against a funder of litigation. It considers the differences between pure funders and...

Practice Note

This Practice Note considers sets out the power in section 51 of the Senior Courts Act 1981 (SCA 1981) that provides the court with a discretion to make a non-party costs...

Practice Note

This Practice Note explains who a non-party costs order (NPCO) may be made against. The Practice Note covers expert witnesses, insurers, litigants in person, liquidators,...

Practice Note

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 is a conditional fee...

Practice Note

What is a payment on account of costs? Where the court has ordered detailed assessment of costs, the successful party will not recover their costs until...

Practice Note
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