Costs order—what happens when no order is made?
Costs order—what happens when no order is made?

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

  • Costs order—what happens when no order is made?
  • The general rule—no costs recovery
  • Exceptions to the general rule
  • Entitlement to recover costs
  • Transfer of proceedings
  • Appeals
  • Deemed costs orders—cases where a right to costs arises (CPR 44.9)
  • Considerations when dealing with Part 36 offers
  • Deemed costs orders—cases where no order as to costs is made (CPR 44.10)
  • Varying a deemed costs order

The general rule—no costs recovery

The general rule is that where a court order does not make any provision as to costs the parties are not entitled to recover their costs associated with that particular order (CPR 44.10(1)). Further, in such cases, a party is also unable to seek an order under s 194(3) of the Legal Services Act 2007 (payments in respect of pro bono representation).

Given that applications can result in considerable costs it is important to make sure that you make the appropriate representations to the court in relation to costs orders. This may be for a costs order in your client's favour if you are the winning party or making submissions as to why the other party, as the winning party, should receive less costs than it is seeking. Accordingly, you will need to consider the issue of costs carefully with your client prior to any application/hearing.

Warning: if you forget to seek costs following a particular application you will not be able to recover them at the end of the proceedings, eg through detailed assessment.

Exceptions to the general rule

Entitlement to recover costs

Exceptions to the general rule are found in CPR 44.10(1)(b). This provides that where the court has not made an order for costs the general rule does not affect any entitlement a party may have for seeking to recover costs:

  1. from

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