- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
44.5—(1) The court is to 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)were 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 must give effect to any orders which have already been made.
(3) The court must 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; and
(g)the place where and the circumstances in which work or any part of it was done.
(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)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: