header-logo header-logo

Awarding costs: Being held to account

22 October 2020 / HHJ Karen Walden-Smith
Issue: 7907 / Categories: Features , Procedure & practice , Costs
printer mail-detail
30002
When awarding costs on account, what is a reasonable sum, asks HHJ Karen Walden-Smith

In brief

  • A change in the way in which costs are to be awarded and the exercise of the court’s discretion in the award of those costs.
  • A specific, and very important, area of costs awards which has recently been engaging greater attention of the courts is the award of a payment on account of costs pursuant to the provisions of rule 44.2(8). CPR 44.2(8).

One of the major abiding features of the Civil Procedure Rules has been the change in the way in which costs are to be awarded and the exercise of the court’s discretion in the award of those costs. The general rule that the unsuccessful party will be ordered to pay the costs of the successful party (CPR 44.2 (2)(a)) has been significantly adjusted to allow the court a much greater discretion in order to give proper weight to issues of conduct, both before and during the proceedings; whether a party has been partially or wholly successful in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll