Commonly made costs orders

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

  • Commonly made costs orders
  • Cost orders prior to trial
  • Other costs orders

Commonly made costs orders

This Practice Note sets out in table format those costs orders the court will most commonly make in proceedings before trial and their general effect, replicating the table at CPR PD 44, para 4.2. The table is not an exhaustive list but includes costs in any event, costs in the case, costs reserved, and costs thrown away. The Practice Note also covers other types costs orders that may be made by the court eg to manage the costs incurred or to enable recovery of costs from non-parties/third parties. The Practice Note summarises the effect of these orders and sets out the underlying basis for the order eg CPR, legislation or common law. It also provides links through to underlying guidance.

Cost orders prior to trial

Certain types of costs orders address how the costs are to be dealt with and are commonly made by the court in the proceedings before trial. The table below replicates the table at CPR PD 44, para 4.2. The table is not exhaustive of the types of costs orders the court may make.

Costs/Costs in any eventThe party in whose favour the order is made is entitled to their costs in respect of the part of the proceedings to which the order relates. This applies regardless of whatever other costs orders

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