Assessment

Assessment

General approach

An order for costs will provide for the assessment of the costs on either a standard or indemnity basis. The standard basis is the usual costs order and the court will allow only costs that are proportionate having regard to the circumstances of the case, with any doubt as to whether the costs were reasonably incurred or reasonable and proportionate being resolved in favour of the paying party. The indemnity basis should only be allowed where there has been a high degree of unreasonableness in the conduct of the proceedings or disapproval of the way in which proceedings have been conducted and the costs recoverable are generally higher.

In both cases, the factors

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