Costs orders—effect of conduct and misconduct

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

  • Costs orders—effect of conduct and misconduct
  • Parties' conduct (CPR 44.2)—principles
  • Co-operation between the parties
  • Whether to make a costs order
  • The amount of costs to be ordered
  • Court of Appeal authorities on the effect of a party’s conduct (CPR 44.2)
  • Court decisions on the effect of a party’s conduct (CPR 44.2)
  • Misconduct in connection with costs assessment—court's powers (CPR 44.11)
  • What is unreasonable or improper conduct?
  • Sanctions that can be imposed
  • More...

Costs orders—effect of conduct and misconduct

This Practice Note looks at the effect of a party’s conduct on both the type of costs order a court will make and the amount of costs that will be ordered. There are a number of key CPR provisions:

  1. CPR 44.2 specifically states that a factor the courts may take into account is the conduct of the parties. The rule sets out examples of conduct the court may consider when exercising its discretion to make a costs order and these include conduct at the pre-action stage as well as during proceedings and efforts to resolve/settle the dispute and any lack of a genuine attempt to compromise. CPR 44.4(3) covers the impact of a party's conduct on the amount of costs. See: Parties' conduct (CPR 44.2) below

  2. CPR 44.11 covers the courts powers where there has been misconduct by either a party or the party’s representative and sets out the sanctions a court may impose. See: Misconduct in connection with costs assessment—court's powers (CPR 44.11) below

  3. CPR 1.3 sets out the duty of the parties to help the court in the proceedings and this includes to co-operate with one another

This Practice Note specifically considers costs penalties where there has been a failure to comply with a duty of full and frank disclosure. The timing of such orders is also considered

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