Issues-based costs orders


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert
Practice notes

Issues-based costs orders


Published by a ½Û×ÓÊÓƵ Dispute Resolution expert

Practice notes
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This Practice Note considers issues-based costs orders under cpr 44.2(6)(f) (which provides that the paying party pay the costs incurred by the receiving party in relation to specific issues addressed during the proceedings) and the difficulties associated with them. It discusses the reasons (in terms of justice being done) why the court may exercise its discretion depart from the general rule on costs and make an order which not only deprives a successful party of their costs of a particular issue but may require them to pay the otherwise unsuccessful party's costs of an issue. It covers the rationale behind an issues-based costs order (discouraging litigation on inessential issues bound to fail) and when will it be appropriate to make an issues-based costs order including the justice and circumstances of the particular case, the extra costs associated with failed points and the reasonableness or otherwise of taking failed points. It also considers Court of Appeal decisions pursuant to the requirement in CPR 44.2(7) to consider whether it is practicable to make a different order, ie proportionate costs orders

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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