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GLOSSARY

Incurred costs definition

Published by a LexisNexis Dispute Resolution expert

What does Incurred costs mean?

costs that have been incurred in the past. For the purposes of: —the costs budget, they are costs which are incurred up to or including the costs management conference (cpr 3.17) —variation of a costs budget, they are costs incurred up to the date of the variation (CPR 3.15A)

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Mediation costs—liability and recovery

Mediation costs—liability and recovery This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and when such costs may be recovered as between the parties. For general guidance on mediation, see: Mediation—overview. For general guidance on recovery of legal costs as between the parties, see: Costs orders—overview and Principles of costs recovery—overview. What are mediation costs? The likely costs of a mediation will include: • the fees of the mediator—see: The mediator’s fee • venue hire and hosting, unless: ◦ the mediation is conducted remotely (on which see: Remote access mediation—checklist), or ◦ one of the parties makes available their offices to conduct the mediation, although this is sometimes resisted on the basis that both parties prefer a ‘neutral’ venue For more information, see Practice Note: Organising a mediation • legal costs, ie those of the solicitor in preparing for the mediation which will include: ◦ choosing the mediator—see Practice Note: Choosing...

Dispute Resolution—Checklists and Flowcharts

Dispute Resolution—Checklists and Flowcharts This Practice Note contains links to and a summary of Checklists and Flowcharts available within the Dispute Resolution module. Claims and remedies Cryptoassets • Issues in cryptoasset related civil claims—checklist—this Checklist identifies the key considerations for dispute resolution lawyers handling a claim involving cryptoassets Debt claims • Starting a contractual debt claim—checklist—this Checklist summaries the key factors to consider when pursuing a claim to recover a contractual debt • Responding to a contractual debt claim—checklist—this Checklist summaries the key factors to consider when defending a claim to recover a contractual debt • Appropriation of payments—flowchart—this Flowchart provides a structured approach to determining how payments made by a solvent debtor who owes multiple debts to the same creditor should be appropriated to those debts Misrepresentation and misstatement • Misrepresentation—tough questions for assessing a misrepresentation claim—checklist—this Checklist identifies the sort of questions that will need to be asked of the claimant at an early stage to help form a view of the strength (or weakness) of any claim...

Discover our 16 Practice Notes on Incurred costs

Unbundled legal services—initial instructions attendance note

Unbundled legal services—initial instructions attendance note Complete this attendance note when dealing with an initial enquiry and/or when taking initial instructions about providing unbundled legal services. If you agree, in principle, to provide an unbundled service, you should then use form Unbundled legal services—attendance note for the substantive service to record the client’s substantive instructions and service provided. If you take the initial enquiry and provide the substantive advice or service simultaneously, you should use Unbundled legal services—attendance note (combined preliminary instructions and substantive service) A: Client details Client name [insert] Client number [Insert] Matter number [Insert] Matter type [Insert, eg family proceedings] Fee earner [Insert] Supervisor [Insert] Date [date] B: Screening questions Description of the client's matter [Insert description of client’s matter] Likely complexity of the matter [Insert analysis of the complexity of this matter, with reasons] What the client hopes to achieve from instructing you on an unbundled basis [Insert] The appropriateness of providing an unbundled service to the client, taking into account:•...

Letter of instruction to costs draftsman to prepare a costs budget

Letter of instruction to costs draftsman to prepare a costs budget Dear [insert name of costs draftsman] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident: [Date] Claim Number: [insert from N1 claim form] We write in respect of the above matter. The case concerns [insert brief details of case]. Proceedings were issued on [date] and served on [date]. We anticipate that the likely issues in the case will be: [Insert details] 1 Incurred costs For details of incurred costs, see fee notes and file attached. We have obtained the following evidence: Breach of duty evidence [Insert details of expert evidence] Causation evidence [Insert details of expert evidence] Condition and prognosis evidence [Insert details of expert evidence] Witness statements [Insert details of witnesses] Other supporting evidence [Insert details] Counsel is acting on a [private OR CFA] basis. Relevant pre-action conduct by the other side: [Insert details] The defendants have [admitted liability OR denied liability OR failed to...

Dive into our 11 Precedents related to Incurred costs

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC?

Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC? The short answer is that a party cannot make a claim for costs up to the date of the CMC. Purpose of CPR 3.14 The purpose of the provision in CPR 3.14 is for it to act as a sanction such that if a party fails to provide a costs budget, as provided for by the CPR provisions, it will be unable to recover any of the costs expended in pursuit of the litigation other than the court costs. Given the draconian sanction, the court does have the ability to make another order; this is provided for at the start of the provision in CPR 3.14. If the costs have only recently been restricted, you may be able to take steps to seek to set aside or overturn that decision. You may, also or alternatively seek relief from sanctions under CPR 3.9. The provisions in relation to...

Where the court makes an order for costs under section 19 of the Prosecution of Offences Act 1985 against a private prosecutor, what is the process of enforcement and how does the successful defendant recover the costs from the prosecutor where they fail to pay as ordered?

Where the court makes an order for costs under section 19 of the Prosecution of Offences Act 1985 against a private prosecutor, what is the process of enforcement and how does the successful defendant recover the costs from the prosecutor where they fail to pay as ordered? A costs order made by the magistrates’ court under section 19 of the Prosecution of Offences Act 1985 (POA 1985) is enforceable as a civil debt, section 41(2), Schedule 9 Part II, paragraph 13 to the Administration of Justice Act 1970 (AJA 1970). POA 1985, s 19 provides for the Lord Chancellor to make regulations empowering magistrates’ courts, the Crown Court and the Court of Appeal to make an order as to the payment of costs where the court is satisfied that one party has incurred costs as a result of another’s unnecessary or improper act or omission. Under the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335, reg 3 the courts are empowered to order that all or part...

See the 2 Q&As about Incurred costs

Dispute Resolution weekly highlights—22 May 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Online Procedure Rule Committee minutes of 14 April 2025 and the Court of Appeal decision in Shorts International Ltd v Google LLC (costs capping order); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

PI & Clinical Negligence weekly highlights—22 May 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes an employer’s liability case involving a detached door handle causing a concussion and another where the employer was found liable for his employee’s accident when crossing a road. We also look at a highway accident appeal where fresh evidence was excluded and negligence claims dismissed despite permission to appeal, and a clinical negligence claim where the defendants’ expert opinions were deemed not logically defensible. Additionally, we look at challenges in navigating insurance payment deductions in personal injury claims, clarify evidentiary requirements in duty to warn and clinical risk cases, and guidance on settlements involving mentally incapacitated claimants. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest.

Read the latest 10 News articles on Incurred costs