Inter-partes costs orders (interim and final) (Costs)-FS

Question 1

Inter Partes Costs Orders

Answer 1

Costs orders made between parties in a case. They can be interim (during proceedings) or final (at the conclusion of proceedings).

Question 2

What is the general rule about costs during litigation under Inter Partes principles?

Answer 2

The losing party in an application usually pays the winning party’s costs, even before the case is finally resolved (“pay-as-you-go” basis).

Question 3

Interim Costs Orders

Answer 3

Orders made before the end of proceedings, typically after an interim application (e.g. disclosure), requiring the losing party to pay the successful party’s costs of that application.

Question 4

Final Costs Orders

Answer 4

Orders made at the end of proceedings, determining which party bears the final costs and often incorporating any previously reserved or interim costs decisions.

Question 5

What does the phrase “costs in the case” mean?

Answer 5

The successful party in the overall proceedings will be entitled to recover the costs of the particular application or hearing when the final costs order is made.

Question 6

What does the phrase “costs reserved” mean?

Answer 6

The court defers the decision on costs to a later stage. If no further order is made, the costs become costs in the case by default.

Question 7

What does the phrase “no order as to costs” mean?

Answer 7

Each party must bear their own costs for that part of the proceedings, regardless of the outcome of the case overall.

Question 8

Common Inter Partes Costs Terminology (CPR):

Answer 8

1. Costs of the application – Party wins the application and gets costs for it.
2. Costs in the case – Costs awarded to the overall winner at the end.
3. Costs reserved – Deferred decision; defaults to costs in the case if no order.
4. No order as to costs – Each party pays their own costs.