844:
the matter in an oppressive manner. For example, before the parties even concluded their first round of negotiations on some matters which could only be described as "a trivial" in late June 2017, P in his email dated 26 June 2017 to D1's former solicitors, stated that "our client’s sincerity for amicable solutions between the parties has already been exhausted ... we hereby reserve out client’s rights to apply for the direction of the court and commence civil proceedings for
831:
the same as an act in person). The problem being of course is that they can essentially profit when conducting their own litigation. This has resulted in solicitor-litigants being observed to lack sincerity when negotiating for a settlement (hoping that the litigation will continue on for longer and thus resulting in more fees for themselves) as illustrated in the case of
243:), 'macho', 'tough' and 'aggressive' litigators may end up causing more harm to their clients. Willingness to reconcile and compromise is, therefore, the new king in Hong Kong's new litigation landscape where the laws requires legal practitioners to advice their clients the importance of settlement negotiations. This was illustrated by the Patrick Wang Ho Yin cost order.
269:
successful, the defendant can apply to the court for an order that the claimant provide security for costs. Furthermore, the amount that is ordered by the judge is in direct correlation to the strength or weakness of the claimant's case brought herewith. The weaker the probability of the claimant prevailing, the higher the security order.
1291:
There is a statutory time limit on applying for such a procedure, of a year. The frequent result is that the lawyer's invoice is decreased. If the bill is reduced by one fifth or more the solicitor will pay for the process of assessment, but otherwise the client will pay. The client can alternatively
1084:
The rules relating to costs budgets will be amended as of 1 October 2020 so that, in addition to the test of significant developments, the court may vary the budget if one party is acting oppressively by causing the other party to incur costs. Those same changes introduce a new form
Precedent T which
1073:
Should a party exceed its budget, their costs will be limited to their last approved budget on assessment unless there is a "good reason". It has been held that "good reasons" include the fact that the costs were otherwise "reasonable and proportionate"; and where there was a simple "tick-box" error.
1065:
All parties must file a budget, unless they are a litigant in person. If a party does not file a budget, it "will be treated" as only budgeting for the costs of any appropriate court fees. The costs of preparing a budget can be claimed, up to a maximum of £1,000 or 1% of the budget's total, whichever
843:
I agree that there was "some" evidence to suggest that P , in his capacity as the handling solicitor, might not have been very sincere or genuine in his attempts to negotiate for the settlement... I find, P, by issuing the
Summons even before proper negotiations with D1 had taken place, had conducted
385:
In
English costs law the indemnity principle is the concept that a receiving party is unable to recover more than the costs for which they are liable to pay themselves, in costs of the litigation. It is unrelated the indemnity basis, being one of the bases on which the court may award costs (below).
1077:
If the court has not been able to approve a party's budget, for example, due to the case settling before it was able to do so, then different rules apply. However, these rules are similar to those relating to estimates: if a party's costs claim exceeds its budget by 20%, then the difference must be
308:
Generally, U.S. state court judges have no common law right to award such fees against the losing party. It has been suggested that the
American rule contributes to making the U.S. a litigious society. Individuals have little to lose beyond filing fees and a retainer to start a lawsuit, and they are
272:
Typically a claimant will be outside the jurisdiction of the court: the law of security for costs recognises that orders of the court relating to payment of a party's legal costs can be very difficult to enforce in non-common law jurisdictions, and so will order security to be provided. Security can
96:
In the small fraction of cases that do not settle and instead proceed to a judgment, generally costs "follow the event" so that the successful party is entitled to seek an order that the unsuccessful party pay his or her costs. Should a case settle, then the parties can seek to agree costs, with the
69:
defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the costs recoverable from the opponent and the total chargeable by his solicitor; and if
1213:
of the costs (unless the potential paying party failed to respond to the notice of assessment) with reference to a statutory schedule of limits of entitlements of costs, together with legal precedents, unless the costs can be agreed between the parties. The level of reduction can mean that the bill
1053:
If a case is issued since 1 April 2013, and is allocated to the Multi-track, the parties can be forced to submit a budget for their costs, which the court can then approve. They do not apply to proceedings in the
Admiralty; Chancery Division; or Commercial Court; or to cases in the Mercantile Court
276:
Security is usually provided in the form of a bank cheque paid into the court, or held in a trust account operated jointly by both the claimant's and defendant's lawyers. If the defendant is successful, the money can be applied against the costs order. If the claimant is successful, the security is
1128:
under which the court will consider a schedule of the costs incurred which will usually be no more than two pages long and is often only a single page. This is the usual method on the Fast Track, for hearings lasting no longer than a single day, for certain appeal hearings and for the costs of the
1044:
A party that has costs awarded in their favour will not be limited to their estimate, but if the costs claimed exceed the estimate by 20% they will need to provide reasons. If the paying party has shown that they relied on the estimated, the Court can use the estimate as evidence that the claim is
830:
19 per hour, unless they can prove that they have incurred a financial loss in conducting the action. Practitioners (when suing or sued) have sometimes been observed to abuse existing rules where they would purport to have had their own firm act for them (even though the arrangement is essentially
946:, Mr. Wang was ordered to pay $ 375,000 for a half-day hearing after the Court has found it reasonable to impose liability on an indemnity basis. In this case, the Court has found that Mr. Wang's belligerent conduct has caused the parties to have incurred costs of which could have been avoidable.
867:
All claims for costs must be "reasonably incurred" or "reasonable in amount". if costs are specified as being paid as part of a contract, they are presumed to be reasonable, unless the contract says otherwise. Reasonableness is assessed against "all the circumstances" and in particular the "seven
588:
The court will take account of the conduct of the parties and may vary the usual costs order in the event of misguided or dishonest behaviour. In particular, the claimant is expected to give the defendant an opportunity to settle, and the parties are expected to exchange essential information and
268:
The general rule in costs jurisdiction is that "costs follow the event". In other words, the loser in legal proceedings must pay the legal costs of the successful party. Where a defendant has a reasonable apprehension that its legal costs will not be paid for by the claimant if the defendant is
1078:
explained. The paying party must also show how they have relied on the estimate. If the court agrees with the paying party, it can limit the costs to the budget; and if it disagrees with the receiving party it can use the difference as evidence the costs are "unreasonable or disproportionate".
1069:
If the Court approves or the parties agree a Costs Budget a Costs
Management Order is usually made. Where the parties become aware that their costs are likely to exceed the amount of the Costs Management Order they should apply to the court to vary where "significant developments" warrant that
312:
Conversely, the
English rule has been criticised. Critics point out that it potentially hinders access to justice by increasing the risks of litigation—both by setting up the risk of having to pay both parties' full costs in the event of losing, and by creating incentives for parties to sink
1265:. However, costs are presumed to be reasonably incurred and reasonable in amount if the client gave their express or implied approval, but are presumed to be unreasonably incurred if the client was not told they would be recovered from the other side and if they are unusual.
208:
The amount that will be ordered is based upon the parties' disclosed costs estimates, and will take into account the percentage of costs that have been ordered to be paid; any order for
Indemnity Basis costs, if relevant, and any costs that are due to the paying party.
230:
These costs will include the situation in which a party has incurred unnecessarily due to the other side's conduct. For example, if a court hearing is postponed due to one party not turning up at court. As a result, the other party had to pay a brief fee for a
105:
The order that a judge gives as to costs determines who will be the paying and who the receiving party. The amount of costs remains to be determined by assessment if not agreed. Common costs orders, other than on the Small Claims Track, include the following:
49:
In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In
1191:" in the sense of a method of raising government revenue. The successful party must file with the court (unless the other party fails to respond to the notice of assessment) a detailed breakdown of the costs and disbursements incurred, known as a
767:
The court's permission to enforce in full is required if the claim was found at trial to be "fundamentally dishonest". If the claim was discontinued, the court can order a hearing to determine whether it was "fundamentally dishonest" to bring it.
1233:
If a bill of costs of under £75,000 is sent for a detailed assessment since 1 April 2013, it will at first be assessed via provisional assessment procedure. (unless the potential paying party failed to respond to the notice of assessment).
1358:
The main requirement is that before entering into the CFA the solicitor must advise the client, amongst other things, as to its effect; of alternative funding methods; and whether he has any interest in nay particular insurance policy.
1555:. Again, "costs follow the event". If the restaurant successfully defends the claim, they pay the supplier's costs and recover the same amount from the unsuccessful claimant. This can cause injustice when the unsuccessful claimant is
238:
In Hong Kong (and many other Common Law jurisdiction), during the pre-Civil
Justice Reforms era, 'macho', 'tough' and 'aggressive' litigators may be prized by lay-clients. However, with the implementation of the Civil Justice Reforms
319:
The difference between the
English and American rules has been the subject of considerable academic discussion, including attempts to try and build economic models to determine the effect of the rules on claimant behaviour.
2222:
2170:
1205:, whose skill is often as essential to the successful recovery of costs as the skill of a solicitor or barrister is essential to success on the principal issues of the litigation. An officer of the court, costs judge or
1388:
If a CFA is entered into from this date then, unless the claim is for defamation; breach of privacy; diffuse mesothelioma, or is in a set of insolvency proceedings, a success fee cannot be claimed from the other side.
1033:
In cases issued before 1 April 2013, parties have to give estimates of their likely costs should the case reach a trial. They are used to give each side and the Court an idea of what the likely costs burden would be.
398:“Costs as between party and party are given by the law as an indemnity to the person entitled to: they are not imposed as a punishment on the party who pays them, nor given as a bonus to the party who receives them.”
204:
As a general rule, after judgment has been handed down, the court "will" order one party to make an advance payment towards the other side's costs. This will be done even before the costs claim has been finalised.
560:
apply, there are fixed success fees in personal injury claims arising from RTAs; injuries at work; and industrial disease claims. These range from 12.5% in RTAs to 100%, in each type of case, if a trial occurs.
1904:
2316:
1214:
is reduced in some instances substantially, but in most cases at least 80% of the costs originally sought will be allowed. A court order for costs is enforceable as a debt against the unsuccessful party.
1284:
for services can apply to the court for an order or invoke a statutory procedure whereby the costs are assessed for their reasonableness by an officer of the court, for example a judge. This is also a
2973:"Claims for defence costs in proceedings commenced prior to 1st October 2012, costs of a private prosecutor, and costs of an Appointee out of Central Funds, in the Crown Court and magistrates' courts"
1559:
and the successful defendant is still liable for third-party costs. The courts will only rarely allow a "cut through" of the third-party's costs to the claimant but the interests of justice prevail.
739:
If this applies then orders for costs against the claimant can normally only be enforced by a defendant if the total doesn't exceed the amount of damages and costs which a Defendant has to pay out.
815:. They can claim the remuneration and expenses of the lawyers involved at the rates that external solicitors could claim, even though their fees would be paid as part of the company's overheads.
1481:, and there is a maximum percentage that can be claimed varies depending on the type of claim and the level of court that the DBA relates to. The solicitors' disbursements can also be claimed.
1507:
Different rules apply to non-employment cases funded by a DBA: specifically, the client does not have to be provided the information needed in employment cases, and the percentage fee varies.
313:
increasing resources into their cases to win the action and avoid paying fees, thereby increasing the overall cost-risk of litigation. This strategy cannot succeed under the American rule.
432:
representation where, because the lawyers have agreed to represent the party for no cost, they cannot subsequently ask the court for a costs award when they win. However, since 2008
235:, for a hearing that ultimately did not take place. Other instances includes failure to follow practice directions, and in some cases, acting in an unnecessarily belligerent manner.
1240:
If either party disagrees with the outcome they can apply for an oral hearing, but unless they beat the provisional figure by 20%, they will be liable for the costs of the hearing.
1116:. The successful party may not be awarded the entirety of their legal costs, as the costs incurred will be assessed by an officer of the court. This can be done in one of two ways.
1582:
If a defendant is found to be innocent of a crime, then they are also entitled to claim their incurred legal costs, but the costs are payable out of money raised through taxes.
907:
There are two basic ways in which the court will assess a claim for costs: the Standard Basis and the Indemnity Basis. However, in each situation, the claim must be reasonable.
1002:
If the work was done since 1 April 2013, and relates to a case that either does not involve court proceedings, or was issued since 1 April 2013, then a different test applies.
1496:
However, there is no significant difference between the two sets, because in both situations, the solicitors and barristers' fees are limited to 35% of the client's damages.
1462:
However, if it was taken out since 1 April 2013, it can only be recovered if it was taken out to cover the costs of an expert's report in a claim for clinical negligence.
414:
to pay, as opposed to what they may have actually paid in legal fees. As long as there is liability for the receiving party to pay some amount (for example, pursuant to a
221:(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
2323:
736:
In personal injury or fatal accident cases since 1 April 2013, there is a further exception to the costs-shifting rules known as "Qualified One-Way Costs-Shifting".
1672:
3154:
1585:
A bill of costs is submitted in the normal way, but the costs are assessed by the National Taxing Team in a manner similar to a claim for costs in a civil case.
65:
has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The
1604:
If a prosecution has started since 1 October 2012, then the amount that can be claimed is much lower. Effectively, the costs are limited to legal aid rates.
1326:
If the client does win their case, then the solicitor and/or barrister is entitled to claim a percentage bonus (a "success fee") on top of their usual fees.
962:
This applies where work is done before 1 April 2013, or to the whole of the costs in "cases commenced", i.e. if proceedings are issued, before 1 April 2013.
720:
The unsuccessful party is generally also liable for both parties' costs up to the date that the Part 36 offer expires, on the Standard Basis, plus interest.
1343:
However, what can be claimed under it, and other additional requirements that may have to be met for the CFA to be valid, depend upon the date of the CFA.
226:(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay"
1403:
A CCFA is CFA that covers numerous people, for example, members of a trade union, in relation to different claims, which could occur at different times.
261:
legal concept of application only in costs jurisdictions, and is an order sought from a court in litigation. These are now governed by Part 25 of the
1499:
In addition, before entering into the DBA, the client must be given information relating to funding, mediation, and when the fee becomes payable.
70:
the loser is unable to pay, then the order for costs may be worthless, and the successful party will remain fully liable to their own solicitors.
1365:
If they are complied with, it will be valid and a success fee can be claimed from the other side, as long as they are informed of its existence.
2995:"Claims for defence costs out of Central Funds in the Crown Court and magistrates' courts in proceedings commenced on or after 1st October 2012"
605:
If a Part 36 offer is accepted, or if the claimant discontinues, the unsuccessful party is usually liable for both parties' costs to that date.
169:
Costs of other parties when a party, for example, amends a case – costs of attending the application hearing and own consequential amendments
3047:
3028:
1308:
Any case can be funded by a standard retainer agreement, i.e. where the solicitor agrees to act and the client pays as the case carries on.
301:
allows the successful party to seek such fees. Federal district court and Court of Appeals judges award costs to the prevailing party under
1038:
937:
As a whole, an award for costs on the Indemnity Basis is much more favourable to the receiving party than an award of the Standard Basis.
1456:
If a litigation does not have a BTE policy, they can purchase after-the-event (ATE) legal expenses insurance at the start of litigation.
418:
with their solicitor), a receiving party can seek to recover costs up to such amount—it is irrelevant whether the liability is enforced.
1081:
However, should a party ultimately be awarded costs on the Indemnity Basis, then the budget is not relevant in relation to those costs.
593:. Such offers are withheld from the judge during the trial but, during assessment of costs, the judge will compare them with the final
3102:
1323:" agreements. Under this type of agreement, the solicitor and/or barrister agrees not to charge the client unless the case succeeds.
290:
1459:
If the policy was taken out before 1 April 2013, the premium can be claimed from the other side as part of a normal claim for costs.
1413:
If the CCFA pre-dates 1 April 2013, then a success fee can only be recovered from the other side if work was done before 1 April 2013
3085:
3066:
728:
If the claimant discontinues, they are usually liable for both parties' costs to the date of discontinuance, on the Standard Basis.
1596:
If a prosecution started before October 2012, then the costs will be assessed with no general restrictions on what can be claimed.
1074:
Costs exceeding the budget have been disallowed where a party has not applied to have its budget increased during the proceedings.
286:
1905:""THERE ARE NOT TWO SETS OF RULES FOR LITIGATION IN THIS JURISDICTION": COURT AWARDS INDEMNITY COSTS AGAINST A LITIGANT IN PERSON"
1515:
If the DBA is entered into in a personal injury claim, then up to 25% of the client's damages plus Counsel's fees can be claimed.
1380:
If so, then it will be valid and a success fee can be claimed from the other side, as long as they are informed of its existence.
3204:
2317:"Costs Management in the Chancery Division and the Specialist Lists in the Queen's Bench Division: Amendment to CPR rule 3.12(1)"
1588:
Costs assessed in this way do not require a formal detailed assessment, but any amount awarded can be appealed in the usual way.
1293:
1237:
This involves an assessment by the Judge on paper, without the parties being present, and the costs of it are limited to £1,500.
302:
3182:
2520:
1222:
954:
In considering whether or not a party's claim for costs is "proportionate", the court has to apply one of two different tests.
1288:. If the client does not pay the lawyer, the lawyer has a cause of action if the client does not elect to arbitrate the bill.
1206:
589:
details before starting a claim. The court will especially be aware of any formal offers to settle made under Part 36 of the
316:
The German costs rule, which allows for fixed recoverable costs, avoids this unfortunate consequence of full-fees recovery.
1406:
The rules relating to CFAs generally apply to CCFAs, but, in relation to success fees, the following rules apply to CCFAs:
1392:
It can still be claimed from the client, but in personal injury claims is subject to a 25% limit of the client's damages.
790:
Failure to respond to a notice to admit where the receiving party will usually pay the costs of proving the facts alleged.
2445:
3158:
1225:
if the assessment was made by a court officer, or by the usual routes of appeal if the assessment was made by a judge.
2004:
Generally, personal injury or housing disrepair cases for under £1,000, and other cases worth under £10,000 (CPR 26.6)
922:
must be "proportionate to the matters in issue". Any doubt as to the costs is resolved in favour of the paying party.
854:
The costs awarded to a litigant in person cannot exceed two-thirds of what could be claimed by a professional lawyer.
3146:
2773:
1567:
The courts have a wide discretion in awarding costs, and non-parties are not immune, unless they are a BTE insurer.
3199:
3130:
1437:
This kind of insurance policy before-the-event (BTE) against paying the other party's legal costs as part of their
1005:
In these situations, the court will hold that costs "are proportionate if they bear a reasonable relationship to –
491:
3138:
2994:
1571:
1148:
910:
The manner in that they are assessed goes a long way in determining the overall percentage that will be allowed.
54:
cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund.
1423:
179:
Includes costs in inferior courts (but appeal from Divisional Court cannot award costs below Divisional Court)
1438:
2972:
1474:, i.e. the solicitor and barrister agree to take a percentage of the client's damages if the claim succeeds.
799:
As a general rule, the losing party pays the costs of the winning party, but the court can order otherwise.
435:
686:
If the Claimant failed 'to obtain a judgment that is more advantageous' than that offer at trial, then the
159:
Costs of the applicant in, for example, a successful application to set aside an order improperly obtained
546:
2223:"WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER [2018] HKDC 301; DCCJ 4814/2014 (21 March 2018)"
2171:"WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER [2018] HKDC 301; DCCJ 4814/2014 (21 March 2018)"
742:
However, it can be enforced in full without the court's permission if the claim was struck-out because:
668:
If there is a judgment for the defendant that is less than the offer, then the general rules apply: the
590:
262:
1697:
1547:
towards damages, against a third party. For example, a diner claims against a restaurant for a dose of
787:, usually paid by the amending party, including the costs of the other side's resulting amendments; and
661:
If there is a judgment for the claimant that is less than the offer, then the general rules apply: the
3209:
1442:
934:
need not be "proportionate". Any doubt as to the costs is resolved in favour of the receiving party.
573:
1526:
If the DBA relates to an appeal, then up to 100% of the client's damages can be charged as the fee.
613:
If offers are rejected, and the case goes to trial, then one of the following situations can apply.
1202:
710:
If there is a judgment for the claimant that exceeds the offer, then the general rules apply: the
475:
463:
457:
1311:
There are also other ways in which a case can be funded, as long as certain requirements are met.
293:—the general rule in the United States that legal fees may be sought only if the parties agree by
2812:
2793:
2758:
2710:
1540:
823:
812:
518:
444:
415:
252:
2831:
2818:
2799:
2684:
1981:
art. 2 & 3 Legal Services Act 2007 (Commencement No. 2 and Transitory Provisions) Order 2008
1410:
If the CCFA dates from 1 April 2013, then a success fee cannot be recovered from the other side;
1336:
Not relate to proceedings that cannot be the subject of an enforceable conditional fee agreement
758:(ii) a person acting on the claimant’s behalf and with the claimant’s knowledge of such conduct,
1955:
3081:
3062:
3043:
3024:
1876:
1840:
1801:
1770:
1179:
1172:
784:
577:
569:
In certain Fast-Track or Multi-Track cases, a successful party's costs claim will be limited.
542:
79:
2736:
2723:
2697:
1980:
1832:
1518:
In other cases, up to 50% of the client's damages, including Counsel's fees can be claimed.
1021:(e) any wider factors involved in the proceedings, such as reputation or public importance".
654:
An "additional amount" of up to £75,000 (only if the Part 36 offer dates from 1 April 2013).
624:
If the claimant is awarded a sum that is "at least as advantageous" as that offer, then the
31:
3106:
403:
In other words, a recovery of costs is viewed not as a reward or bonus, but as an award of
1889:
973:
Compare the total costs claimed against the total benefits gained by the successful party:
363:
2671:
2626:
1658:
1062:
The rules relating to costs budgets are more stringent than those relating to estimates.
2950:
2878:
2256:
1548:
1471:
1320:
1269:
827:
370:
354:
58:
1429:
However, both types will be subject to an upper limit on the amount of costs covered.
3193:
1790:"Litigation and Settlement under the English and American Rules: Theory and Evidence"
1395:
The solicitors' or barrister's normal fees can still be claimed from the other side.
1329:
To be valid, the CFA agreement must comply with certain requirements. All CFAs must:
1193:
350:
90:
43:
1732:
651:, on the whole or part of any sum awarded, for some or all of the time at issue; and
638:
costs (defined in a separate section further below) from the date the offer expires;
410:
The 'limit' as to what a receiving party may recover is determined by what they are
135:
Costs of interim proceedings are to be awarded according to the outcome of the case
648:
86:
17:
3174:
2546:
746:(a) the claimant has disclosed no reasonable grounds for bringing the proceedings;
545:(RTA) claims that settle before they are issued; and in certain cases brought by
273:
also be ordered where a claimant is insolvent, or prone to vexatious litigation.
2393:
1613:
808:
28:
2419:
1930:
3122:
2453:
1820:
1556:
1085:
must be served and filed to explain the significant developments in the case.
498:
258:
83:
1844:
1805:
1774:
1821:"Does The English Rule Discourage Low‐Probability‐Of‐Prevailing Plaintiffs?"
1552:
1544:
1277:
521:, only specific limited costs such as fixed court fees are usually awarded.
469:
404:
343:
336:
232:
51:
1698:"PART 25 – INTERIM REMEDIES AND SECURITY FOR COSTS – Civil Procedure Rules"
1448:
The premium for this type of policy cannot be claimed from the other side.
145:
Costs of the specific issue in question to be decided at the end of trial (
1054:
or Technology & Construction Court where damages exceed £10 million.
1018:(d) any additional work generated by the conduct of the paying party; and
644:
428:
294:
1272:, lawyers in England and Wales are not permitted to work for a share of
1362:
If these regulations are not complied with, the CFA will not be valid.
1281:
1273:
594:
502:
298:
1789:
1758:
1012:(b) the value of any non-monetary relief in issue in the proceedings;
506:
39:
2448:
Elvanite Full Circle Ltd. v Amec Earth & Environmental (UK) Ltd.
1836:
780:
Applications to extend time limits, usually paid by the applicant;
530:
501:
to apply or disapply these rules if the result would otherwise be
62:
1096:
Where a party is awarded costs against another they are known as
309:
not at risk of having to pay their opponent's fees if they lose.
2760:
s. 46 Legal Aid, Sentencing and Punishment of Offenders Act 2012
2712:
s. 44 Legal Aid, Sentencing and Punishment of Offenders Act 2012
1426:
will cover both their legal costs, and those of the other side.
892:
Skill, effort, specialised knowledge or responsibility required;
61:
has been given, and possibly after any interim application, the
1861:
1041:
and listing stage, and at any time that the Court orders them.
1339:
Comply with any requirements prescribed by the Lord Chancellor
1188:
369:
Lawyers' "success fees" allowable by the court under a valid
125:
Costs to receiving party no matter what happens subsequently
1759:"Legal Fees: A Comparison of the American and English Rules"
3183:"Update to Civil Procedure Rules and Practice Direction 3E"
1025:
In addition, the "necessity" of the costs is not relevant.
976:
If the total costs are proportionate to the total benefits:
763:
is likely to obstruct the just disposal of the proceedings.
749:(b) the proceedings are an abuse of the court’s process; or
490:
The rule that "costs follow the event" is observed on the
2523:
Update to Civil Procedure Rules and Practice Direction 3E
965:
In these situations, the court should have regard to the
453:
There are also specific exceptions to the principle for:
1300:
in respect of costs arising from other than litigation.
339:(attorney), which may be hourly, daily or an agreed sum;
509:
against the costs order by the usual routes of appeal.
3155:"Costs Budget Guidance – Precedent H – Back To Basics"
57:
In most courts and tribunals, generally after a final
1422:
Most litigants will have the benefit of some form of
1351:
If the CFA was entered into between these dates, the
690:
is entitled to, from the date that the offer expired:
1819:
Polinsky, A. Mitchell; Rubinfeld, Daniel L. (1998).
1551:
and the restaurant claims against their supplier of
1177:
For more complex cases a process, formerly called a
439:
allows the court to order a party who loses against
193:
Parties bear their own costs relating to that issue
2738:art. 6(1)(b) Conditional Fee Agreements Order 2013
2686:reg. 4 Conditional Fee Agreements Regulations 2000
714:is entitled to Standard Basis costs plus interest.
672:is entitled to standard-basis costs plus interest.
665:is entitled to standard-basis costs plus interest.
1493:apply. If not, then the 2013 Regulations apply.
1197:which sets out the successful party's claim. The
297:before the litigation, or if some special act or
217:These are defined as "costs incurred by a party—
2833:reg. 4 Damages-Based Agreements Regulations 2013
2820:reg. 5 Damages-Based Agreements Regulations 2013
2814:reg. 3 Damages-Based Agreements Regulations 2010
2801:reg. 7 Damages-Based Agreements Regulations 2013
2795:reg. 5 Damages-Based Agreements Regulations 2010
1369:CFAs dated from 1 November 2005 to 31 March 2013
2699:art. 6(2) Conditional Fee Agreements Order 2013
2422:Murray; Stokes v Neil Dowlman Architecture Ltd.
1347:CFAs dated from 1 April 2000 to 31 October 2005
969:. The court should adopt a two-stage approach:
776:Other exceptions to the general rules include:
97:general rule that the losing party pays costs.
1159:Paying party can raise substantial grounds; or
898:Geographical location where the work was done.
889:Complexity, difficulty or novelty of the case;
837:. In that case, Mr. Justice Andrew Li observed
572:These include cases that are conducted in the
323:Hong Kong generally follows the English Rule.
1763:Journal of Law, Economics, & Organization
1399:Collective conditional fee agreements (CCFAs)
993:b) Perform an item by item test of necessity.
811:legal teams that conduct litigation and have
533:, as opposed to preparatory work, are fixed.
8:
2725:art. 5 Conditional Fee Agreements Order 2013
1903:Conduct, gexall · in; Costs (1 April 2021).
1788:Hughes, James W.; Snyder, Edward A. (1995).
1539:Sometimes a defendant brings a claim, for a
1445:policies (although many are unaware of it).
1221:, to a costs judge or district judge of the
1144:On behalf of children or mental patients; or
1353:Conditional Fee Agreements Regulations 2000
529:On the Fast Track, the actual costs of the
1570:This is particularly relevant in cases of
1489:If a DBA pre-dates 1 April 2013, then the
1280:. A client who is unhappy with a lawyer's
407:to the party that has incurred the costs.
389:The principle was originally explained in
3061:. Thomson Reuters (Professional) UK Ltd.
1592:Proceedings commenced before October 2012
1491:Damages-Based Agreements Regulations 2010
1479:Damages-Based Agreements Regulations 2013
1009:(a) the sums in issue in the proceedings;
360:Some professional fees for non-witnesses;
2903:Aiden Shipping Co. Ltd. v Interbulk Ltd.
2673:s. 58 Courts and Legal Services Act 1990
1600:Proceedings commenced since October 2012
1375:s. 58 Courts and Legal Services Act 1990
886:Importance of the matter to the parties;
108:
1624:
1477:They generally have to comply with the
1112:Such costs are usually assessed on the
826:will be awarded a fixed hourly rate of
285:The law of costs is often known as the
2939:Prosecution of Offences Act 1985 s. 16
2774:"DBAs - can you charge disbursements?"
1885:
1874:
1162:Costs have been agreed by the parties.
443:representation to make an appropriate
1124:The simplified procedure is known as
1015:(c) the complexity of the litigation;
875:Before as well as during proceedings;
628:is entitled to each of the following:
393:(1860) 5 Hurlestone & Norman 381:
7:
1248:The other type of costs, aside from
878:Efforts made to resolve the dispute;
552:In addition, where both the current
497:However, the judge has considerable
3057:Jackson, Lord Justice, ed. (2013).
3023:. London: LexisNexis Butterworths.
1319:These are commonly referred to as "
981:a) Perform an item by item test of
426:The principle causes anomalies for
3080:(12th ed.). London: Thomson.
3042:(2nd ed.). Bristol: Jordans.
2396:Henry v News Group Newspapers Ltd.
1794:The Journal of Law & Economics
1217:Either party can appeal against a
376:After-the-event insurance premium.
331:Recoverable costs are limited to:
25:
3105:. 39 Essex Street. Archived from
2845:Sanderson v Blyth Theatre Company
2772:Underwood, Kerry (24 July 2013).
2452:. Agile Costs Ltd. Archived from
2287:Costs Practice Direction, para. 6
1956:"Burstein v Times Newspapers Ltd"
1315:Conditional fee agreements (CFAs)
989:— if they are not proportionate:
3103:"Costs & Litigation Funding"
1276:awarded as this would amount to
1261:and are usually assessed on the
732:Qualified one-way costs-shifting
303:Federal Rules of Civil Procedure
3125:. Association of Costs Lawyers.
2551:[2013] EWHC 1643 (TCC)"
2450:[2013] EWHC 1643 (TCC)"
1660:s. 51(7) Senior Courts Act 1981
1466:Damages-based agreements (DBAs)
1433:Before-the-event (BTE) policies
1187:, is used. It is unrelated to "
883:Value of the property at issue;
621:Part 36 offer to settle, then:
541:There are also fixed costs for
281:Comparison with other countries
189:Each party to pay his own costs
3123:"Association of Costs Lawyers"
2424:[2013] EWHC 872 (TCC)"
1452:After-the-event (ATE) policies
807:The rule also covers in-house
617:If the defendant rejected the
517:If a case is allocated to the
1:
3157:. Agile Costs. Archived from
3076:O'Hare, J; Browne, K (2005).
3040:Civil Costs: Law and Practice
1140:is not permitted for claims:
679:If the Claimant rejected the
149:if no other order made then)
131:Costs in the case/application
2892:s. 51 Senior Courts Act 1981
2661:s. 70(9) Solicitors Act 1974
2650:s. 70(1) Solicitors Act 1974
2639:s. 70(2) Solicitors Act 1974
2627:s. 70(3) Solicitors Act 1974
1862:https://www.hkreform.gov.hk/
1825:The Journal of Legal Studies
1384:CFAs dated from 1 April 2013
1355:must also be complied with.
940:For example, in the case of
3139:"Senior Court Costs Office"
2398:[2013] EWCA Civ 19"
1731:Olson, Walter (June 1995).
1535:Costs in third-party claims
1530:Costs against other parties
1037:These are submitted at the
848:, if any" (emphasis added).
289:and is contrasted with the
3226:
1931:"Gundry v Sainsbury: 1910"
1757:Plott, Charles R. (1987).
1377:need to be complied with.
1268:Unless instructed under a
1244:Solicitor/own client costs
1170:
464:Conditional fee agreements
353:), including fees paid to
277:returned to the claimant.
250:
2365:CPR 3 PD 3E, para. 2.2(1)
1572:champerty and maintenance
1563:Costs against non-parties
1373:Only the requirements of
1304:Specific types of funding
1201:is usually prepared by a
1149:Legal Services Commission
903:Basis of costs assessment
371:conditional fee agreement
342:Disbursements, including
2915:Murphy v Young's Brewery
1298:remuneration certificate
872:Conduct of the parties:
547:HM Revenue & Customs
335:Fees and charges of the
257:Security for costs is a
74:Costs "follow the event"
3205:English civil procedure
1270:damages-based agreement
967:seven pillars of wisdom
895:Time spent on the case;
683:offer to settle, then:
584:Formal offers to settle
576:or in claims under the
505:. The paying party can
436:Legal Services Act 2007
381:The indemnity principle
3141:. Ministry of Justice.
2951:"National Taxing Team"
2927:Arkin v Bouchard Lines
2879:Arkin v Bouchard Lines
2022:CPR 45, Section II-III
1909:Civil Litigation Brief
1259:solicitor-client costs
1229:Provisional assessment
852:
703:Interest on the costs.
492:Multi- and Fast Tracks
401:
165:Costs of and caused by
3131:"Costs & Damages"
2997:. Ministry of Justice
2975:. Ministry of Justice
2953:. Ministry of Justice
1677:legalref.judiciary.hk
1503:Non-employment claims
1209:will then assess the
1171:Further information:
930:Costs awarded on the
918:Costs awarded on the
839:
752:(c) the conduct of –
591:Civil Procedure Rules
543:road traffic accident
395:
263:Civil Procedure Rules
2257:Lownds v Home Office
1578:Criminal proceedings
1511:First-instance cases
1470:These are a type of
1443:automobile insurance
868:pillars of wisdom":
795:Who can claim costs?
755:(i) the claimant; or
601:Acceptance of offers
574:Patents County Court
537:Fixed costs and fees
349:Witness allowances (
327:What can be claimed?
185:No order as to costs
175:Costs here and below
121:Costs (in any event)
78:The law of costs in
3038:Friston, M (2012).
2049:CPR 45, Section VII
1929:dls (13 May 2022).
1859:www.hkreform.gov.hk
1286:detailed assessment
1219:detailed assessment
1203:law costs draftsman
1185:detailed assessment
1167:Detailed assessment
1131:detailed assessment
1107:between party costs
943:Patrick Wang Ho Yin
858:Assessment of costs
834:Patrick Wang Ho Yin
824:Litigants in person
819:Litigants in person
724:Discontinued claims
609:Rejection of offers
476:Litigants in person
445:charitable donation
366:(where chargeable);
89:, save that of the
18:Costs (English law)
3185:. Agile Costs Ltd.
3021:Cook on Costs 2012
2315:Thomas, Sir John.
2103:CPR 44, Section II
2040:CPR 45, Section IV
2013:CPR 45, Section VI
1702:www.justice.gov.uk
1418:Insurance policies
1138:summary assessment
1126:summary assessment
1120:Summary assessment
1045:disproportionate.
813:rights of audience
785:statements of case
647:, up to 10% above
519:Small Claims Track
513:Small claims track
253:Security for costs
247:Security for costs
3200:English civil law
3049:978-1-84661-312-8
3030:978-1-4057-5547-4
3019:Cook, MJ (2012).
2929:EWCA Civ 655, at
2882:EWCA Civ 655, at
2857:Johnson v Ribbins
2553:. Agile Costs Ltd
2527:. Agile Costs Ltd
2426:. Agile Costs Ltd
2400:. Agile Costs Ltd
2296:CPR 3, Section II
2031:CPR 45, Section V
1884:Missing or empty
1485:Employment claims
1180:taxation of costs
1173:Taxation of costs
1058:Impact and effect
846:contempt of court
578:Aarhus Convention
525:Fast-track trials
346:'/counsels' fees;
197:
196:
155:Costs thrown-away
147:costs in the case
80:England and Wales
16:(Redirected from
3217:
3186:
3178:
3170:
3168:
3166:
3150:
3142:
3134:
3126:
3118:
3116:
3114:
3091:
3078:Civil Litigation
3072:
3053:
3034:
3007:
3006:
3004:
3002:
2991:
2985:
2984:
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2963:
2962:
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2941:
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2366:
2363:
2357:
2354:
2348:
2345:
2339:
2338:
2336:
2334:
2328:
2322:. Archived from
2321:
2312:
2306:
2303:
2297:
2294:
2288:
2285:
2279:
2276:
2270:
2267:
2261:
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2219:
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2204:
2201:
2195:
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2186:
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2167:
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2047:
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2038:
2032:
2029:
2023:
2020:
2014:
2011:
2005:
2002:
1996:
1990:
1984:
1977:
1971:
1970:
1968:
1966:
1952:
1946:
1945:
1943:
1941:
1926:
1920:
1919:
1917:
1915:
1900:
1894:
1893:
1887:
1882:
1880:
1872:
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1868:
1855:
1849:
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1816:
1810:
1809:
1785:
1779:
1778:
1754:
1748:
1747:
1745:
1743:
1728:
1722:
1719:
1713:
1712:
1710:
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1694:
1688:
1687:
1685:
1683:
1669:
1663:
1656:
1650:
1647:
1641:
1638:
1632:
1629:
1129:paying party in
803:In-house lawyers
772:Other situations
458:In-house lawyers
355:expert witnesses
109:
46:of the parties.
32:civil litigation
21:
3225:
3224:
3220:
3219:
3218:
3216:
3215:
3214:
3190:
3189:
3181:
3173:
3164:
3162:
3161:on 27 July 2023
3153:
3145:
3137:
3129:
3121:
3112:
3110:
3109:on 24 July 2013
3101:
3098:
3088:
3075:
3069:
3059:Civil Procedure
3056:
3050:
3037:
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3015:
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3000:
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2679:
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2659:
2655:
2648:
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2637:
2633:
2624:
2620:
2615:
2611:
2606:
2602:
2597:
2593:
2588:
2584:
2580:CPR 47, PD 14.1
2579:
2575:
2570:
2566:
2556:
2554:
2545:
2544:
2540:
2530:
2528:
2519:
2518:
2514:
2509:
2505:
2500:
2496:
2491:
2487:
2482:
2478:
2473:
2469:
2459:
2457:
2456:on 27 July 2023
2444:
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2159:
2155:
2147:
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2129:
2125:
2120:
2116:
2111:
2107:
2102:
2098:
2093:
2089:
2084:
2080:
2076:CPR 36.14(1)(b)
2075:
2071:
2066:
2062:
2058:CPR 36.14(1)(a)
2057:
2053:
2048:
2044:
2039:
2035:
2030:
2026:
2021:
2017:
2012:
2008:
2003:
1999:
1991:
1987:
1978:
1974:
1964:
1962:
1954:
1953:
1949:
1939:
1937:
1928:
1927:
1923:
1913:
1911:
1902:
1901:
1897:
1883:
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1856:
1852:
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1787:
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1666:
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1622:
1610:
1602:
1594:
1580:
1565:
1537:
1532:
1524:
1513:
1505:
1487:
1472:contingency fee
1468:
1454:
1435:
1420:
1401:
1386:
1371:
1349:
1317:
1306:
1263:indemnity basis
1246:
1231:
1183:, now known as
1175:
1169:
1122:
1094:
1060:
1051:
1031:
1029:Costs estimates
1000:
960:
952:
950:Proportionality
932:Indemnity Basis
928:
926:Indemnity Basis
916:
905:
865:
860:
821:
805:
797:
774:
734:
726:
636:Indemnity Basis
611:
603:
586:
567:
539:
527:
515:
488:
482:
424:
383:
329:
283:
255:
249:
215:
202:
103:
76:
23:
22:
15:
12:
11:
5:
3223:
3221:
3213:
3212:
3207:
3202:
3192:
3191:
3188:
3187:
3179:
3177:. Agile Costs.
3171:
3151:
3149:. Swarb.co.uk.
3143:
3135:
3127:
3119:
3097:
3096:External links
3094:
3093:
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3073:
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3011:
3009:
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2870:
2861:
2849:
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2824:
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2786:
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2742:
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2703:
2690:
2677:
2664:
2653:
2642:
2631:
2618:
2609:
2600:
2591:
2582:
2573:
2571:CPR 70.1(2)(d)
2564:
2538:
2512:
2503:
2494:
2485:
2476:
2467:
2437:
2411:
2385:
2376:
2367:
2358:
2349:
2340:
2329:on 10 May 2013
2307:
2298:
2289:
2280:
2278:CPR 44.3(2)(a)
2271:
2262:
2248:
2239:
2214:
2205:
2196:
2187:
2162:
2160:CPR 46, PD 3.4
2153:
2141:
2139:CPR 44 PD 12.4
2132:
2123:
2114:
2105:
2096:
2087:
2078:
2069:
2060:
2051:
2042:
2033:
2024:
2015:
2006:
1997:
1985:
1972:
1947:
1921:
1895:
1850:
1837:10.1086/468031
1831:(2): 519–535.
1811:
1800:(1): 225–250.
1780:
1769:(2): 185–192.
1749:
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1549:food poisoning
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1321:no win, no fee
1316:
1313:
1305:
1302:
1245:
1242:
1230:
1227:
1211:reasonableness
1207:district judge
1168:
1165:
1164:
1163:
1160:
1153:
1152:
1147:Funded by the
1145:
1121:
1118:
1114:standard basis
1093:
1087:
1070:application.
1059:
1056:
1050:
1047:
1030:
1027:
1023:
1022:
1019:
1016:
1013:
1010:
999:
996:
995:
994:
987:
986:
983:reasonableness
978:
977:
974:
959:
956:
951:
948:
927:
924:
920:Standard Basis
915:
914:Standard Basis
912:
904:
901:
900:
899:
896:
893:
890:
887:
884:
881:
880:
879:
876:
864:
863:Reasonableness
861:
859:
856:
820:
817:
804:
801:
796:
793:
792:
791:
788:
783:Amendments to
781:
773:
770:
765:
764:
761:
760:
759:
756:
750:
747:
733:
730:
725:
722:
718:
717:
716:
715:
707:
706:
705:
704:
701:
698:Standard Basis
692:
691:
676:
675:
674:
673:
666:
658:
657:
656:
655:
652:
639:
630:
629:
610:
607:
602:
599:
585:
582:
566:
563:
538:
535:
526:
523:
514:
511:
487:
484:
480:
479:
473:
467:
461:
423:
420:
391:Harold v Smith
382:
379:
378:
377:
374:
367:
361:
358:
347:
340:
328:
325:
282:
279:
251:Main article:
248:
245:
228:
227:
223:
222:
214:
211:
201:
198:
195:
194:
191:
181:
180:
177:
171:
170:
167:
161:
160:
157:
151:
150:
143:
141:Costs reserved
137:
136:
133:
127:
126:
123:
117:
116:
113:
102:
99:
82:is typical of
75:
72:
24:
14:
13:
10:
9:
6:
4:
3:
2:
3222:
3211:
3208:
3206:
3203:
3201:
3198:
3197:
3195:
3184:
3180:
3176:
3175:"Precedent T"
3172:
3160:
3156:
3152:
3148:
3144:
3140:
3136:
3132:
3128:
3124:
3120:
3108:
3104:
3100:
3099:
3095:
3089:
3087:0-421-90690-1
3083:
3079:
3074:
3070:
3068:9780414027510
3064:
3060:
3055:
3051:
3045:
3041:
3036:
3032:
3026:
3022:
3017:
3016:
3012:
2996:
2990:
2987:
2974:
2968:
2965:
2952:
2946:
2943:
2940:
2935:
2932:
2928:
2923:
2920:
2916:
2911:
2908:
2904:
2899:
2896:
2893:
2888:
2885:
2881:
2880:
2874:
2871:
2865:
2862:
2858:
2853:
2850:
2846:
2841:
2838:
2835:
2834:
2828:
2825:
2822:
2821:
2816:
2815:
2809:
2806:
2803:
2802:
2797:
2796:
2790:
2787:
2775:
2768:
2765:
2762:
2761:
2755:
2752:
2746:
2743:
2740:
2739:
2733:
2730:
2727:
2726:
2720:
2717:
2714:
2713:
2707:
2704:
2701:
2700:
2694:
2691:
2688:
2687:
2681:
2678:
2675:
2674:
2668:
2665:
2662:
2657:
2654:
2651:
2646:
2643:
2640:
2635:
2632:
2629:
2628:
2622:
2619:
2613:
2610:
2607:CPR 47.15(10)
2604:
2601:
2595:
2592:
2586:
2583:
2577:
2574:
2568:
2565:
2552:
2550:
2542:
2539:
2526:
2524:
2516:
2513:
2507:
2504:
2501:CPR 44 PD 3.7
2498:
2495:
2492:CPR 44 PD 3.6
2489:
2486:
2483:CPR 44 PD 3.3
2480:
2477:
2474:CPR 44 PD 3.2
2471:
2468:
2455:
2451:
2449:
2441:
2438:
2425:
2423:
2415:
2412:
2399:
2397:
2389:
2386:
2383:CPR PD 3E 7.6
2380:
2377:
2371:
2368:
2362:
2359:
2353:
2350:
2344:
2341:
2325:
2318:
2311:
2308:
2302:
2299:
2293:
2290:
2284:
2281:
2275:
2272:
2266:
2263:
2259:
2258:
2252:
2249:
2243:
2240:
2228:
2227:www.hklii.org
2224:
2218:
2215:
2209:
2206:
2200:
2197:
2191:
2188:
2176:
2175:www.hklii.org
2172:
2166:
2163:
2157:
2154:
2150:
2145:
2142:
2136:
2133:
2127:
2124:
2118:
2115:
2109:
2106:
2100:
2097:
2091:
2088:
2082:
2079:
2073:
2070:
2064:
2061:
2055:
2052:
2046:
2043:
2037:
2034:
2028:
2025:
2019:
2016:
2010:
2007:
2001:
1998:
1994:
1989:
1986:
1983:
1982:
1976:
1973:
1961:
1957:
1951:
1948:
1936:
1932:
1925:
1922:
1910:
1906:
1899:
1896:
1891:
1878:
1863:
1860:
1854:
1851:
1846:
1842:
1838:
1834:
1830:
1826:
1822:
1815:
1812:
1807:
1803:
1799:
1795:
1791:
1784:
1781:
1776:
1772:
1768:
1764:
1760:
1753:
1750:
1738:
1734:
1733:"Civil Suits"
1727:
1724:
1718:
1715:
1703:
1699:
1693:
1690:
1678:
1674:
1668:
1665:
1662:
1661:
1655:
1652:
1646:
1643:
1640:CPR 44 PD 4.2
1637:
1634:
1628:
1625:
1619:
1615:
1612:
1611:
1607:
1605:
1599:
1597:
1591:
1589:
1586:
1583:
1577:
1575:
1573:
1568:
1562:
1560:
1558:
1554:
1550:
1546:
1542:
1534:
1529:
1527:
1521:
1519:
1516:
1510:
1508:
1502:
1500:
1497:
1494:
1492:
1484:
1482:
1480:
1475:
1473:
1465:
1463:
1460:
1457:
1451:
1449:
1446:
1444:
1440:
1432:
1430:
1427:
1425:
1417:
1412:
1409:
1408:
1407:
1404:
1398:
1396:
1393:
1390:
1383:
1381:
1378:
1376:
1368:
1366:
1363:
1360:
1356:
1354:
1346:
1344:
1338:
1335:
1333:Be in writing
1332:
1331:
1330:
1327:
1324:
1322:
1314:
1312:
1309:
1303:
1301:
1299:
1295:
1292:apply to the
1289:
1287:
1283:
1279:
1275:
1271:
1266:
1264:
1260:
1256:
1253:
1252:
1243:
1241:
1238:
1235:
1228:
1226:
1224:
1220:
1215:
1212:
1208:
1204:
1200:
1196:
1195:
1194:bill of costs
1190:
1186:
1182:
1181:
1174:
1166:
1161:
1158:
1157:
1156:
1150:
1146:
1143:
1142:
1141:
1139:
1134:
1132:
1127:
1119:
1117:
1115:
1110:
1108:
1104:
1101:
1100:
1091:
1088:
1086:
1082:
1079:
1075:
1071:
1067:
1063:
1057:
1055:
1049:Costs budgets
1048:
1046:
1042:
1040:
1035:
1028:
1026:
1020:
1017:
1014:
1011:
1008:
1007:
1006:
1003:
997:
992:
991:
990:
984:
980:
979:
975:
972:
971:
970:
968:
963:
957:
955:
949:
947:
945:
944:
938:
935:
933:
925:
923:
921:
913:
911:
908:
902:
897:
894:
891:
888:
885:
882:
877:
874:
873:
871:
870:
869:
862:
857:
855:
851:
849:
847:
838:
836:
835:
829:
825:
818:
816:
814:
810:
802:
800:
794:
789:
786:
782:
779:
778:
777:
771:
769:
762:
757:
754:
753:
751:
748:
745:
744:
743:
740:
737:
731:
729:
723:
721:
713:
709:
708:
702:
699:
696:
695:
694:
693:
689:
685:
684:
682:
678:
677:
671:
667:
664:
660:
659:
653:
650:
646:
643:
640:
637:
634:
633:
632:
631:
627:
623:
622:
620:
616:
615:
614:
608:
606:
600:
598:
596:
592:
583:
581:
579:
575:
570:
564:
562:
559:
555:
550:
548:
544:
536:
534:
532:
524:
522:
520:
512:
510:
508:
504:
500:
495:
493:
485:
483:
477:
474:
471:
468:
465:
462:
459:
456:
455:
454:
451:
449:
446:
442:
438:
437:
431:
430:
421:
419:
417:
413:
408:
406:
400:
399:
394:
392:
387:
380:
375:
372:
368:
365:
362:
359:
356:
352:
351:conduct money
348:
345:
341:
338:
334:
333:
332:
326:
324:
321:
317:
314:
310:
306:
304:
300:
296:
292:
291:American rule
288:
280:
278:
274:
270:
266:
264:
260:
254:
246:
244:
242:
236:
234:
225:
224:
220:
219:
218:
212:
210:
206:
200:Interim costs
199:
192:
190:
186:
183:
182:
178:
176:
173:
172:
168:
166:
163:
162:
158:
156:
153:
152:
148:
144:
142:
139:
138:
134:
132:
129:
128:
124:
122:
119:
118:
114:
111:
110:
107:
100:
98:
94:
92:
91:United States
88:
87:jurisdictions
85:
81:
73:
71:
68:
64:
60:
55:
53:
47:
45:
44:disbursements
41:
37:
33:
30:
19:
3163:. Retrieved
3159:the original
3133:. Casecheck.
3111:. Retrieved
3107:the original
3077:
3058:
3039:
3020:
3013:Bibliography
2999:. Retrieved
2989:
2977:. Retrieved
2967:
2955:. Retrieved
2945:
2938:
2934:
2926:
2922:
2914:
2910:
2902:
2898:
2891:
2887:
2877:
2873:
2864:
2856:
2852:
2844:
2840:
2832:
2827:
2819:
2813:
2808:
2800:
2794:
2789:
2777:. Retrieved
2767:
2759:
2754:
2745:
2737:
2732:
2724:
2719:
2711:
2706:
2698:
2693:
2685:
2680:
2672:
2667:
2660:
2656:
2649:
2645:
2638:
2634:
2625:
2621:
2612:
2603:
2598:CPR 47.15(5)
2594:
2585:
2576:
2567:
2555:. Retrieved
2548:
2541:
2529:. Retrieved
2522:
2515:
2506:
2497:
2488:
2479:
2470:
2458:. Retrieved
2454:the original
2447:
2440:
2428:. Retrieved
2421:
2414:
2402:. Retrieved
2395:
2388:
2379:
2370:
2361:
2352:
2343:
2331:. Retrieved
2324:the original
2310:
2305:CPR 33.12(1)
2301:
2292:
2283:
2274:
2265:
2255:
2251:
2242:
2230:. Retrieved
2226:
2217:
2208:
2199:
2190:
2178:. Retrieved
2174:
2165:
2156:
2151:3 All ER 603
2148:
2144:
2135:
2126:
2117:
2108:
2099:
2090:
2085:CPR 36.14(2)
2081:
2072:
2067:CPR 36.14(3)
2063:
2054:
2045:
2036:
2027:
2018:
2009:
2000:
1995:3 All ER 603
1992:
1988:
1979:
1975:
1963:. Retrieved
1959:
1950:
1938:. Retrieved
1934:
1924:
1912:. Retrieved
1908:
1898:
1886:|title=
1865:. Retrieved
1858:
1853:
1828:
1824:
1814:
1797:
1793:
1783:
1766:
1762:
1752:
1740:. Retrieved
1736:
1726:
1717:
1705:. Retrieved
1701:
1692:
1680:. Retrieved
1676:
1667:
1659:
1654:
1645:
1636:
1627:
1603:
1595:
1587:
1584:
1581:
1569:
1566:
1541:contribution
1538:
1525:
1517:
1514:
1506:
1498:
1495:
1490:
1488:
1478:
1476:
1469:
1461:
1458:
1455:
1447:
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1428:
1421:
1405:
1402:
1394:
1391:
1387:
1379:
1374:
1372:
1364:
1361:
1357:
1352:
1350:
1342:
1328:
1325:
1318:
1310:
1307:
1297:
1290:
1285:
1267:
1262:
1258:
1257:, is called
1254:
1251:inter partes
1250:
1249:
1247:
1239:
1236:
1232:
1218:
1216:
1210:
1198:
1192:
1184:
1178:
1176:
1155:— or where:
1154:
1137:
1135:
1130:
1125:
1123:
1113:
1111:
1106:
1102:
1099:inter partes
1098:
1097:
1095:
1090:Inter partes
1089:
1083:
1080:
1076:
1072:
1068:
1066:is greater.
1064:
1061:
1052:
1043:
1036:
1032:
1024:
1004:
1001:
998:The new test
988:
982:
966:
964:
961:
958:The old test
953:
942:
941:
939:
936:
931:
929:
919:
917:
909:
906:
866:
853:
845:
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840:
833:
832:
822:
806:
798:
775:
766:
741:
738:
735:
727:
719:
711:
697:
687:
680:
669:
662:
641:
635:
625:
618:
612:
604:
587:
571:
568:
565:Costs limits
557:
553:
551:
540:
528:
516:
496:
489:
481:
452:
447:
440:
433:
427:
425:
411:
409:
402:
397:
396:
390:
388:
384:
330:
322:
318:
315:
311:
307:
287:English rule
284:
275:
271:
267:
256:
240:
237:
229:
216:
213:Wasted costs
207:
203:
188:
184:
174:
164:
154:
146:
140:
130:
120:
104:
101:Costs orders
95:
77:
67:law of costs
66:
56:
48:
35:
26:
3210:Legal costs
2868:CPR 44.3(2)
2749:CPR 48.2(1)
2616:CPR 46.9(3)
2549:Precedent T
2374:CPR 3.15(2)
2269:CPR 44.3(5)
2246:CPR 44.3(7)
2203:CPR 44.4(1)
2194:CPR 46.5(2)
2149:Re Eastwood
1993:Re Eastwood
1935:swarb.co.uk
1649:CPR 44.2(8)
1614:Court costs
1294:Law Society
681:defendant's
42:' fees and
3194:Categories
2917:1 WLR 1591
2859:1 WLR 1458
2260:1 WLR 2450
1867:9 November
1721:FRCP 54(d)
1682:9 November
1620:References
1223:High Court
1133:hearings.
1039:allocation
619:claimant's
499:discretion
486:Exceptions
450:of costs.
422:Exceptions
373:(CFA); and
344:barristers
259:common law
84:common law
2589:CPR 47.15
2130:CPR 44.16
2121:CPR 44.15
2112:CPR 44.14
1965:13 August
1940:13 August
1914:13 August
1845:0047-2530
1806:0022-2186
1775:8756-6222
1631:CPR 36.10
1557:insolvent
1553:shellfish
1545:indemnity
1424:insurance
1278:champerty
1136:However,
809:corporate
712:claimant
688:defendant
670:defendant
663:claimant
649:base rate
597:awarded.
470:Legal aid
405:indemnity
337:solicitor
233:barrister
52:legal aid
3165:3 August
2847:2 KB 533
2557:3 August
2531:3 August
2510:CPR 3.18
2460:3 August
2430:3 August
2404:3 August
2356:CPR 3.14
2347:CPR 3.13
2232:22 March
2212:CPR 44.5
2180:22 March
2094:CPR 38.6
1877:cite web
1673:"Result"
1608:See also
1439:domestic
645:interest
642:Punitive
626:claimant
556:and old
441:pro bono
429:pro bono
416:retainer
295:contract
187: /
59:judgment
38:are the
3147:"Costs"
3113:25 June
3001:25 June
2979:25 June
2957:25 June
2779:24 July
2333:24 June
1742:24 June
1707:24 June
1522:Appeals
1282:invoice
1274:damages
595:damages
448:in lieu
434:s. 194
299:statute
115:Effect
40:lawyers
29:English
3084:
3065:
3046:
3027:
2905:AC 965
1843:
1804:
1773:
1737:Reason
1543:or an
1296:for a
700:costs;
558:CPR 45
554:CPR 48
507:appeal
503:unjust
412:liable
112:Order
2327:(PDF)
2320:(PDF)
1255:costs
1103:costs
1092:costs
531:trial
472:; and
63:judge
36:costs
3167:2020
3115:2013
3082:ISBN
3063:ISBN
3044:ISBN
3025:ISBN
3003:2013
2981:2013
2959:2013
2781:2013
2559:2020
2533:2020
2462:2020
2432:2020
2406:2020
2335:2013
2234:2020
2182:2020
1967:2024
1960:vLex
1942:2024
1916:2024
1890:help
1869:2019
1841:ISSN
1802:ISSN
1771:ISSN
1744:2013
1709:2024
1684:2019
1199:bill
841:"...
1833:doi
1441:or
1189:tax
1105:or
364:VAT
241:CJR
27:In
3196::
2817:;
2798:;
2225:.
2173:.
1958:.
1933:.
1907:.
1881::
1879:}}
1875:{{
1839:.
1829:27
1827:.
1823:.
1798:38
1796:.
1792:.
1765:.
1761:.
1735:.
1700:.
1675:.
1574:.
1109:.
580:.
549:.
494:.
305:.
265:.
93:.
34:,
3169:.
3117:.
3090:.
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