Costs order—what happens when no order is made?


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Costs order—what happens when no order is made?


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note looks at the ability to recover Costs when a court order makes no provision as to costs. While parties will not be entitled to any costs in relation that particular order, it is important to be aware that in certain circumstances a costs order may be deemed to have been made. In such cases, costs will be recoverable.

The general rule—no costs recovery

The general rule is that where a court order does not make any provision as to costs the parties are not entitled to recover their costs associated with that particular order (CPR 44.10(1)). Further, in such cases, a party is also unable to seek an order under s 194(3) of the Legal Services Act 2007 (payments in respect of Pro bono representation). See the discussion in Kapoor v Johal confirming the clarity and meaning of CPR 44.10(1)(a)(i) to this effect and as supported by the (pre CPR 44.10) decision in Griffiths v Commissioner of Police for the Metropolis.

Given that applications can result in considerable costs

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Jurisdiction(s):
United Kingdom
Related legal acts:
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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