Q&As

In a non-fixed costs case is a claimant entitled to their costs for complying with directions and preparing for a trial on limitation where shortly before the trial the defendants conceded limitation?

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Published on LexisPSL on 15/04/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • In a non-fixed costs case is a claimant entitled to their costs for complying with directions and preparing for a trial on limitation where shortly before the trial the defendants conceded limitation?

In a non-fixed costs case is a claimant entitled to their costs for complying with directions and preparing for a trial on limitation where shortly before the trial the defendants conceded limitation?

The court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid.

The court has a discretion to make a costs order at any stage of the proceedings.

When deciding whether to exercise its discretion, the court should have regard to all the circumstances of the case including:

  1. the parties’ conduct at CPR 44.2(4)(a) (further explained in CPR 44.2(5)) (for further information, see Practice Note: Costs orders—effect of conduct and misconduct)

  2. whether parties have succeeded on part of their case, even if they have not

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