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BPTC Law Notes Alternative Dispute Resolution Notes

Costs Notes

Updated Costs Notes

Alternative Dispute Resolution Notes

Alternative Dispute Resolution

Approximately 357 pages

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INTRO TO COSTS

Court’s discretion as to costs

44.2

(1)The court has discretion as to—

(a)whether costs are payable by one party to another;

(b)the amount of those costs; and

(c)when they are to be paid.

(2)If the court decides to make an order about costs—

(a)the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but

(b)the court may make a different order.

(3)The general rule does not apply to the following proceedings—

(a)proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or

(b)proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

(4)In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including –

(a)the conduct of all the parties;

(b)whether a party has succeeded on part of his case, even if he has not been wholly successful; and

(c)any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.

(5)The conduct of the parties includes –

(a)conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol;

(b)whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

(c)the manner in which a party has pursued or defended its case or a particular allegation or issue; and

(d)whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim.

(6)The orders which the court may make under this rule include an order that a party must pay—

(a)a proportion of another party’s costs;

(b)a stated amount in respect of another party’s costs;

(c)costs from or until a certain date only;

...

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