Costs

Question 1

The court’s discretion to award costs is ____, and although there are certain common principles, it will consider ___ ___ _________ of the case before making a decision.

Answer 1

wide, all the circumstances

Question 2

Generally, a common principle is that the _____ in litigation pays the ______‘_ costs and disbursements

Answer 2

loser, winner’s

Question 3

What does the indemnity principle state?

Answer 3

That a party cannot recover more from an opponent than they are liable to pay their own legal representative

Question 4

Bases of costs assessments

Standard basis: The court allows only _________ costs and exercises any _____ in favour of the _______ party

Answer 4

proportionate, doubt, paying

Question 5

Bases of costs assessments

Indemnity basis: The court does not consider ___________. The paying party can only really object to costs if they can say it was _________ for the solicitor to do the work at all

Answer 5

proportionality, unreasonable

Question 6

What costs-related item do the parties have to file in a multi-track case?

Answer 6

Costs budget

Question 7

If C is seeking less than £50,000, they file the costs budget with the ________ _________.

If it’s equal to or more than this amount, it’s filed at least __ _____ before the Case Management Conference. A judge may make a costs management _____ at this conference

Answer 7

Directions Questionnaire, 21 days, order

Question 8

What is the impact of failing to file a costs budget?

Answer 8

The party will not be able to recover costs if they prevail

Question 9

What’s the name of an order the judge makes for the loser to pay the winner’s costs when the case concludes?

Answer 9

Inter-partes costs

Question 10

In lower value claims and interim applications, a ________ of costs must be filed by the parties __ ____ before a hearing, or _ _____ before a trial - the judge will make a ______ _________ of the costs payable at the conclusion.

Answer 10

statement, 24 hours, 2 days, summary assessment

Question 11

What type of assessment is a court likely to order in larger value claims?

Answer 11

Detailed assessment

Question 12

Under a detailed assessment, the winner prepares a detailed summary of costs within _ _____ of the judgement/order. The paying party has __ _____ to file points of _____

Answer 12

3 months, 21 days, dispute

Question 13

How many days after the issuance of a costs certificate must payment be made?

Answer 13

14 days

Question 14

What interim application can D make if they’re worried C will not be able to pay D’s costs if they win the case?

Answer 14

Security for costs order

Question 15

Can you name any of the six circumstances where a security of costs order will be available?

Answer 15

1. C is outside jurisdiction
2. C is a company and there’s a reason to believe they will be unable to pay D’s costs
3. C has changed address to avoid consequences
4. C failed to provide an address or gave an incorect one
5. C is acting as a nominal claimant
6. C has moved assets outside England & Wales

Question 16

Can a claimant make an application for security of costs?

Answer 16

No - only the defendant can

Question 17

What type of claim is an exception, in that C cannot be ordered to pay D’s costs if the claim fails?

Answer 17

Personal injury claims

(known as the Qualified One Way Costs exception)

Question 18

C paying D’s costs for failed personal injury claims will only be payable under three reasons, meaning they’re not entitled to QOWC protection. What are they?

Answer 18

1. Claim was fundamentally dishonest/made for the financial benefit of another
2. C failed to beat D’s Part 36 offer
3. Claim was struck out

Question 19

What is a wasted costs order?

Answer 19

A court order requiring a solicitor/party to pay the costs of the other party if the solicitor acted improperly, unreasonably, or negligently.