INTERIM COSTS ORDER
The main CPR is:
44 PD 4.2
This explains the particular cost orders available at an interim stage and when
they might be appropriate.
Types of interim costs order (44 PD 4.2)
Costs order Effect
Costs in any event (and The party in whose favor this order is made is
summary assessment of awarded its costs of the interim hearing from the
costs) other party regardless of who eventually wins at
trial
Costs in the case The party who eventually gets its costs at trial will
recover its costs of the interim hearing from the
other party i.e. usually the party that wins at trial
will recover the costs of this application.
Costs reserved The decision about who pays the costs of the
interim hearing is put off at a later occasion. If no
decision is later made then the costs will be in the
case.
Claimant or defendant’s If the claimant is successful and receives an order
costs in the case that it should be entitled to its costs at the end of
the trial, then it can include the costs of the
interim application.
If the defendant is awarded costs at trial, the
claimant does not have to pay the defendant’s
costs of the interim application.
Costs thrown away If a judgment order is set aside, the party in whose
favor this costs order is made is entitled to the
costs incurred as a result of the judgment or order
being set aside.
Costs of and caused by A party must pay the costs resulting from
something that the party has done.
Costs here and below The party in whose favor the costs order is made is
entitled not only to that party’s costs in respect of
the proceedings in which the court makes the
order but also to that party’s costs of the
proceedings in any lower court.
No order for costs Each party will bear its costs for the hearing
The main CPR is:
44 PD 4.2
This explains the particular cost orders available at an interim stage and when
they might be appropriate.
Types of interim costs order (44 PD 4.2)
Costs order Effect
Costs in any event (and The party in whose favor this order is made is
summary assessment of awarded its costs of the interim hearing from the
costs) other party regardless of who eventually wins at
trial
Costs in the case The party who eventually gets its costs at trial will
recover its costs of the interim hearing from the
other party i.e. usually the party that wins at trial
will recover the costs of this application.
Costs reserved The decision about who pays the costs of the
interim hearing is put off at a later occasion. If no
decision is later made then the costs will be in the
case.
Claimant or defendant’s If the claimant is successful and receives an order
costs in the case that it should be entitled to its costs at the end of
the trial, then it can include the costs of the
interim application.
If the defendant is awarded costs at trial, the
claimant does not have to pay the defendant’s
costs of the interim application.
Costs thrown away If a judgment order is set aside, the party in whose
favor this costs order is made is entitled to the
costs incurred as a result of the judgment or order
being set aside.
Costs of and caused by A party must pay the costs resulting from
something that the party has done.
Costs here and below The party in whose favor the costs order is made is
entitled not only to that party’s costs in respect of
the proceedings in which the court makes the
order but also to that party’s costs of the
proceedings in any lower court.
No order for costs Each party will bear its costs for the hearing
