Appeals—costs recovery
Appeals—costs recovery

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—costs recovery
  • Appeal court's power to order costs
  • Can the appellate court order costs to be summarily assessed?
  • Can the Court of Appeal order costs on an indemnity basis?
  • Types of costs orders
  • Examples of the types of costs orders made
  • Practical considerations
  • Costs associated with the appeal
  • When will the appellate court review the costs order made below?
  • Orders to limit recoverable costs of an appeal
  • More...

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 in CPR 52. CPR 52 addresses the appeal court’s powers to award costs under CPR 52.20 (previously, rule 52.10), including to order costs ‘here and below’ (ie including the costs of the proceedings in the lower court (CPR PD 44, para 4.2), to limit recoverable costs of an appeal under CPR 52.19 (previously rule 52.9A), to summarily assess costs either under CPR 52.20(1) or CPR 44.10(4). The Supreme Court’s power to order costs is also covered along with specific costs provisions in relation to skeleton arguments in an appeal (CPR PD 52A, para 6). It also considers the respondent’s costs on an application for permission to appeal (CPR PD 52C, para 20) as well as costs on settlement, disposal, dismissal or discontinuance of the appeal under CPR PD 52A, para 6.

This Practice Note deals with costs of an appeal. For guidance on appealing an order for costs, see Practice Note: Appeals against cost orders.

Note that CPR changes in October 2016 involved a rewrite of CPR 52 resulting in renumbering of provisions. As a consequence care should be taken when referring to older authorities.

Appeal court's power to order costs

The appeal court has all the powers of the lower court (CPR

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