Costs

Question 1

Standard basis

Answer 1

• Usual for costs between parties
• Reasonable amount for costs reasonably incurred
• Must be proportionate
• Doubts resolved in favour of payer

Question 2

Indemnity

Answer 2

• Usual for own solicitor, Part 36 C reward, misconduct
• Reasonable amount for costs reasonably incurred
• Doubts resolved against payer

Question 3

‘Proportionate’

Answer 3

• Sums in issue
• Complexity
• Additional work generated by conduct
• Reputation/public importance

Question 4

Interim costs orders

Answer 4

• Discretionary
• Follow the event
• Costs budget 24 hours in advance

Question 5

Other orders

Answer 5

• Costs in any event (paid separate to overall)
• Costs in the case (application combined with the rest)
• Costs reserved (decision later)
• C/D’s costs in the case (whoever wins overall gets their costs)
• Costs thrown away (cannot recover costs unnecessarily incurred)
• No order (each pays own)

Question 6

Where a party achieves only partial success…

Answer 6

…court discretion, taking account of conduct, degree of success in the claim, any admissible offer to settle

Question 7

Where there is a joinder of Ds and C succeeds against some…

Answer 7

…if unreasonable to have joined, costs follow the event; if reasonable, Bullock/Sanderson order

Question 8

Legal aid not available in:

Answer 8

• PI
• Defamation
• Basically anything other than family/JR

Question 9

Legal aid is:

Answer 9

• Means tested
• Restricted to individuals
• Subject to cost/benefit criteria (counsel advises)
• At different levels (full/lower service)