Interim applications—costs recovery
Interim applications—costs recovery

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

  • Interim applications—costs recovery
  • Right to costs recovery following an interim application
  • Does an interim costs order pre-empt the outcome of the litigation?
  • When will a court consider whether to make a costs order?
  • What will the court consider when making a costs order?
  • Type of costs orders
  • Costs orders following a compromised interim application
  • Interim costs orders in complex litigation
  • Costs orders following a split trial
  • Costs orders following a trial of preliminary issues
  • more

Right to costs recovery following an interim application

It is important to be aware that a party does not have a right to recover the costs it incurs when dealing with a court application ie bringing or defending one. Whether a party can recover such costs is at the court's discretion and if the court decides to exercise that discretion it will include a costs provision in the court order.

Where a court order does not make any provision for costs, the general rule is that the parties are not entitled to their costs in relation to that particular order (CPR 44.10(1)). In such cases, a party is also unable to seek an order under section 194(3) of the Legal Services Act 2007 (payments in respect of pro bono representation). It is important to be aware that If you forget to seek costs following a particular application the general rule applies during the entire proceedings and so the costs cannot simply be swept into any costs order at the end of proceedings or sought during detailed assessment. There are some exceptions to the general rule and these are considered in Practice Note: Costs order—what happens when no order is made?

Practical consideration: given that applications can result in considerable costs it is important to make sure that you make the appropriate