Principles of costs recovery

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
Read More >
Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
Read More >
Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
9th Nov
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
Read More >
9th Nov
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
Read More >
Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
Read More >
9th Nov
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
Read More >
9th Nov
Practice notes
This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
Read More >
9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
Read More >
9th Nov
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
Read More >
9th Nov
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
Read More >
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 security for costs. For...
Read More >
9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with disclosure...
Read More >
9th Nov

Most recent Principles of costs recovery content

Q&As
Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.CPR 27.14 states that in...
Read More >
Produced in partnership with Alexander Campbell of Field Court Chambers 21st Apr
Practice notes
This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...
Read More >
15th 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...
Read More >
Produced in partnership with David Willink of Lamb Chambers 13th Apr
Practice notes
This Practice Note considers costs in the small claims track (SCT). For further information on case management in the SCT, see Practice Note: Small...
Read More >
Produced in partnership with David Willink of Lamb Chambers 13th Apr
Practice notes
This Practice Note considers whether it is possible to recover the costs incurred during an appeal. The costs rules dealing with appeals are set out...
Read More >
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...
Read More >
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...
Read More >
12th Apr
Precedents
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
Read More >
9th Apr
Practice notes
Abbreviations used in this Practice Note:•LIP—Litigant in person•LP(CE)A 1975—Litigant in Person (Costs and Expenses) Act 1975 (as amended)•ordinary...
Read More >
8th Apr
Practice notes
This Practice Note provides a list of costs precedents with links through to the precedents in PDF or Word format. It covers costs budgets (precedent...
Read More >
8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is for historical purposes only.To assist those looking to see the development of the application...
Read More >
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...
Read More >
8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is for historical purposes only.CPR provisionsThe provisions relating to general rules about costs...
Read More >
8th Apr
Practice notes
ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.IntroductionThe court has a...
Read More >
8th Apr
Practice notes
This Tracker lists a number of decisions in which the court has considered issues of proportionality since 2012.For the up to date position on the...
Read More >
8th Apr
Practice notes
Abbreviations used in this Practice Note:•LIP—litigant in person•SCCO—Senior Court Costs OfficeCivil Procedure Rules (CPR) provisionsUnder CPR 46.5,...
Read More >
8th Apr
Practice notes
Claimant is successful—fixed costsWhat is the fixed costs regime?The fixed costs regime is set out in CPR 45. It provides that in certain...
Read More >
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...
Read More >
8th Apr
Practice notes
CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...
Read More >
8th Apr
Practice notes
Archived: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.Who determines the guideline...
Read More >
8th Apr

Popular documents