The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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, older authorities may refer to different rule numbers.
The appeal court has all the powers of the lower court (CPR 52.20(1)).
Specifically, the appeal court has power to make a costs order (CPR 52.20(2)(e)).
It is common ground that costs follow the event if an appeal is dismissed, see eg: Lord Chancellor v Taylor Willcocks Solicitors, where the appellant was ordered to pay the respondent's costs.
For an example of where the Court of Appeal has made a different order, see Shalaby v London North West Healthcare NHS Trust. In this case, the respondent had successfully resisted the substantive appeal, however, it had resiled from grounds set out in its respondent’s notice for resisting the costs appeal and, during the hearing, it had accepted that the basis on which the order had been made was incorrect. The Court of Appeal refused to make a split or proportionate costs order because any percentage reduction to the costs payable would either be miniscule or would risk unfairness because it would not properly reflect the victory
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