General Overview

Indemnity Costs Orders - when are they appropriate?

A new rule 44.13(l A) was added to the CPR in 2005 (amendment no. 3), which provides that where certain categories of order are silent with respect to costs, the order will be deemed to include an order for costs in the case.

Costs Orders and Funding Arrangements

If the court makes an order for costs it can be assumed that that the costs payable by the paying party include will include additional liabilities if the receiving party has entered a funding arrangement unless the court orders otherwise.

Cases

Aaron -v- Shelton. The opportunity to raise an opponent’s conduct should be raised at the time of making an order for costs, not on Detailed Assessment, before a Costs Judge who has not heard the substantive issues himself.

PAINTING -V- UNIVERSITY OF OXFORD Court of Appeal (Civil) (Longmore LJ, Maurice Kay LJ, 3rd February 2005

Apparently exaggerated claim for personal injury damages and the costs consequences, use of the court’s discretion under CPR 44.3(1), Part 36 offers and protection on costs