Interim costs orders

Question 1

when is the costs order made?

Answer 1

at the end of the application hearing

Question 2

what is the general costs position?

Answer 2

loser pays the winner’s costs but the court has discretion to make cost orders to reflect the conduct of the parties.

Question 3

what are the most common costs orders?

Answer 3

o [named party’s] costs
o Costs in case
o No order as to costs

Question 4

explain [named party’s] costs

Answer 4

named party is entitled to payment of costs by o/s

FRC if applicable, otherwise summary assessment

Question 5

explain costs in case and when this might be used

Answer 5

neither party pays at this stage. The loser of the overall litigation will be liable to pay.

might be used if a conditional order was granted

Question 6

explain no order as to costs and when this might be used

Answer 6

each party bears their own costs.

often used when there is effectively a draw or no party is at fault