Post Judgment
Costs Orders
Where fixed costs do not apply, the actual amount of costs to be paid is subject to an assessment process, unless the parties can agree the amount which will be paid. The standard basis of assessment is to allow costs to be recovered that were reasonably incurred, reasonable in amount and proportionate to the matters in issue. However, costs which are disproportionate in amount may be refused or reduced even if they were reasonably or necessarily incurred. Costs in excess of those in the costs budget are also likely to be refused without very good reason.
Costs consist of court fees, solicitors’ and barristers’ fees, expert fees and other third party fees such as Land Registry or Companies House fees. The general rule regarding costs in litigation is that the loser is ordered to pay the winner’s costs. However, the court has the power to make a different costs order and will take into account factors such as the conduct of the parties and offers made. It is unusual for a party to be able to recover all of the costs incurred in the litigation. For some cases, the costs which are recoverable from an opponent are fixed by the court. The applicable fixed costs vary depending upon the amount in dispute and the complexity of the case.
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