The Justices of the Peace and Authorised Court and Tribunal Staff (Costs) Regulations 2020

Determination of costs by costs judge

8.—(1) The costs judge must consider the claim and allow such costs in respect of—

(a) such work as appears to the costs judge to have been actually and reasonably done; and

(b) such disbursements as appear to the costs judge to have been actually and reasonably incurred,

as the costs judge considers sufficient reasonably to compensate the receiving party for any expenses properly incurred by the receiving party in the proceedings.

(2) In determining costs under paragraph (1), the costs judge must take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.

(3) When determining costs for the purposes of this regulation, there is to be allowed a reasonable amount in respect of all costs reasonably incurred, and any doubts which the costs judge may have as to whether the costs were reasonably incurred or were reasonable in amount are to be resolved against the receiving party.

(4) When the costs judge has determined the amount of costs payable to the receiving party, the Senior Courts Costs Office must notify the receiving party and the Lord Chancellor of the amount of costs payable.