C1C2C3C4C5C6F1PART 44General Rules about Costs

Annotations:
Amendments (Textual)
F1

Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

Modifications etc. (not altering text)
C1

Pt. 44 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)

SECTION IGeneral

Factors to be taken into account in deciding the amount of costs44.4

1

The court will have regard to all the circumstances in deciding whether costs were—

a

if it is assessing costs on the standard basis—

i

proportionately and reasonably incurred; or

ii

proportionate and reasonable in amount, or

b

if it is assessing costs on the indemnity basis—

i

unreasonably incurred; or

ii

unreasonable in amount.

2

In particular, the court will give effect to any orders which have already been made.

3

The court will also have regard to—

a

the conduct of all the parties, including in particular—

i

conduct before, as well as during, the proceedings; and

ii

the efforts made, if any, before and during the proceedings in order to try to resolve the dispute;

b

the amount or value of any money or property involved;

c

the importance of the matter to all the parties;

d

the particular complexity of the matter or the difficulty or novelty of the questions raised;

e

the skill, effort, specialised knowledge and responsibility involved;

f

the time spent on the case;

g

the place where and the circumstances in which work or any part of it was done; and

h

the receiving party’s last approved or agreed budget.

(Rule 35.4(4) gives the court power to limit the amount that a party may recover with regard to the fees and expenses of an expert.)