Order for costs
61.19.—(1) This rule applies where the Crown Court is deciding whether to make an order for costs in restraint proceedings or receivership proceedings.
(2) The court has discretion as to—
(a)whether costs are payable by one party to another;
(b)the amount of those costs; and
(c)when they are to be paid.
(3) If the court decides to make an order about costs—
(a)the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b)the court may make a different order.
(4) In deciding what order (if any) to make about costs, the court must have regard to all of the circumstances, including—
(a)the conduct of all the parties; and
(b)whether a party has succeeded on part of an application, even if he has not been wholly successful.
(5) The orders which the court may make include an order that a party must pay—
(a)a proportion of another party’s costs;
(b)a stated amount in respect of another party’s costs;
(c)costs from or until a certain date only;
(d)costs incurred before proceedings have begun;
(e)costs relating to particular steps taken in the proceedings;
(f)costs relating only to a distinct part of the proceedings; and
(g)interest on costs from or until a certain date, including a date before the making of an order.
(6) Where the court would otherwise consider making an order under paragraph (5)(f), it must instead, if practicable, make an order under paragraph (5)(a) or (c).
(7) Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed.
[Note. See section 52 of the Senior Courts Act 1981(1).]
1981 c. 54; section 52 was amended by section 31 of, and Part II of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 4 of the Courts and Legal Services Act 1990 (c. 41), article 3 and paragraphs 11 and 12(a) of the Schedule to S.I. 2004/2035 and section 59 of, and paragraph 26 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). The Act’s title was amended by section 59(5) of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).