General rules on costs

Question 1

what is the court’s power in relation to costs?

Answer 1

the court has discretion as to whether costs are payable

Question 2

what is the general rule as to which party will pay costs?

Answer 2

If the court makes an order, the court general rule is the unsuccessful party pays the successful party’s costs but the court can depart from this

Question 3

what will the court consider when deciding whether to make a costs order?

Answer 3

in deciding what (if any) order to make, the court will consider:
o Parties’ conduct
o Whether a party has succeeded on part of its case
o Offers to settle (not inc. Part 36)

Question 4

what is the position when the order is silent as to costs?

Answer 4

no party entitled to costs

Question 5

briefly, what steps does the court take when deciding on costs?

Answer 5

1. The court decides whether to make a costs order (i.e. general discretion)
2. The court decides the amount (i.e. FRC or assessed)