Is there any limit on the expenses which can be awarded against an unsuccessful party?
Is there any limit on the expenses which can be awarded against an unsuccessful party for the travelling and accommodation expenses etc incurred by the successful party or its witnesses in attending a hearing? I have the cost of foreign travel particularly in mind.
No, subject to reasonableness and proportionality. Dealing with a case justly which parties are enjoined to do by CPR 1.1 involves, so far as practicable, saving expense and, in relation to proportionality, taking into account the amount of money involved in the claim, the importance of the case, the complexity of the issues and the financial position of each party.
These principles and the requirement for the parties to cooperate apply to costs as to every other aspect of a case and mean that consideration should be given to telephone or video-link evidence where a witness’s attendance at court would be expensive.
The likely expenses should also be made clear to the other side as early as possible. Could the witness statement be agreed, perhaps with exclusion
