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Entitlement to costs: Costs where money is payable by or to a child or protected party

The principle is that a successful party cannot recover from an unsuccessful party more by way of costs than the successful party is liable to pay his or her legal representatives. There are several exceptions to the principle including the statutory exceptions concerning legal aid, conditional fee agreements and damages based agreements. The following principles apply:

(i) A party in whose favour an order for costs has been made may not recover more than he is liable to pay his own legal representative: Harold v Smith [1865] H&N 381 at 385 and Gundry v Sainsbury [1910] 1KB 645 CA.

(ii) Where a party puts a statement of costs before the court for summary assessment that statement must be signed by the party or a legal representative. The form states: “The costs stated above do not exceed the costs which the [party] is liable to pay in respect of the work which this statement covers.”

(iii) The signature of a statement of costs or a bill for detailed assessment by a solicitor is in normal circumstances sufficient to enable the court to be satisfied that the indemnity principle has not been breached in respect of costs payable under a conventional bill: Bailey v IBC Vehicles Ltd [1998] 3 All ER 570 CA. However, the same may not be true in respect of costs payable under a conditional fee agreement: Hollins v Russell [2003] 1 WLR 2487.

Extract from the Senior Courts Costs Office Guide 2018

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OTHER EXTRACTS

Supreme Court: Review of costs officers decision

Supreme Court: Review of costs officer’s decision

Supreme Court fees

Supreme Court: fees

Provisional Assessment

Supreme Court: Provisional assessment

Supreme Court: Filing and service of bill of costs

Supreme Court: Introduction

Various statutes give the SCCO jurisdiction to assess costs in litigation including the following

Cases transferred from other courts: Assessment of costs awarded by other tribunals and bodies

Assessment of costs awarded in the High Court and County Court

Cases transferred from other courts: Assessment of costs awarded in the High Court and County Court

Specimen Order for Costs

Costs orders against legally aided parties and/or the Lord Chancellor: Specimen forms of order

Statement of resources

Costs orders against legally aided parties and/or the Lord Chancellor: Statement of resources

Costs orders against legally aided parties and0or the Lord Chancellor - Costs of request

Costs orders against legally aided parties and/or the Lord Chancellor: Costs of request

Response by the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Response by the Lord Chancellor

procedure where a statement of resources by the legally aided party is filed

Costs orders against legally aided parties and/or the Lord Chancellor: Further procedure where a statement of resources by the legally aided party is filed or is not required

non compliance

Costs orders against legally aided parties and/or the Lord Chancellor: Effect of non compliance by the legally aided party

Response by the legally aided party

Costs orders against legally aided parties and/or the Lord Chancellor: The response by the legally aided party

Application Notice

Costs orders against legally aided parties and/or the Lord Chancellor: Form of request

An order for costs to which s26 of the Act applies may specify the amount of full costs and may specify the amount payable by the legally aided party

Costs orders against legally aided parties and/or the Lord Chancellor: Orders which a costs judge or district judge may subsequently make

Costs against the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Costs against the Lord Chancellor

Costs orders against legally aided partiesnor the Lord Chancellor

Costs orders against legally aided parties and/or the Lord Chancellor: Orders which the court awarding costs may make

LASPO

Costs orders against legally aided parties and/or the Lord Chancellor: The Legal Aid Sentencing and Punishment of Offenders Act 2012 and the regulations

Legal Aid VAT

Legal aid cases: VAT on costs payable out of the legal aid fund

costs appeals

Legal aid cases: Costs appeals

Agreement of between the parties costs

Legal aid cases: Agreement of between the parties costs

Legal Aid cases: Completing the bill and the legal aid assessment certificate

Legal Aid cases: Completing the bill and the legal aid assessment certificate

Duty to inform counsel

Legal Aid cases: Duty to inform counsel

legal-aid

Legal Aid cases: Costs payable only out of the legal aid fund

Costs of detailed assessment proceedings

Legal Aid cases: Costs of detailed assessment proceedings

Procedure where costs are payable by another person as well as out of the legal aid fund

Legal Aid cases: Procedure where costs are payable by another person as well as out of the legal aid fund

Costs payable by a party as well as the LAA

Legal Aid cases: Costs payable by another person as well as out of the legal aid fund

Legal Aid

Legal Aid cases: Introduction

Litigants in person - Calculation of disbursements

Litigants in person: Calculation of disbursements

Litigants in person - Calculation of charges for time spent by a litigant in person preparing the case

Litigants in Person: Calculation of charges for time spent by a litigant in person preparing the case

Litigants in person - Procedure on detailed assessment

Litigants in Person: Procedure on detailed assessment

Litigants in person - Costs recoverable by litigants in person

Litigants in Person: Costs recoverable by litigants in person

assessment

Costs only proceedings: Conducting the detailed assessment proceedings

obtaining the order for costs

Costs only proceedings: Obtaining the order for costs

eight ball

Costs only proceedings: The application under CPR Part 8

costs only proceedings

Costs only proceedings: Introduction

judges bench

Appeals from costs judges: Conduct of the appeal

documentation on appeals

Appeals from costs judges: Documentation on appeals

21 days

Appeals from costs judges: Time limits for appeals

permission required

Appeals from costs judges: Seeking permission to appeal

appeal route

Appeals from costs judges: Routes of appeal

conduct of appeal

Appeals from costs officers: Conduct of the appeal

documentation on appeals

Appeals from costs officers: Documentation on appeals

time limit to appeal

Appeals from costs officers: Time limits for appeals

permission granted

Appeals from costs officers: Seeking permission to appeal

appeal from costs officers

Appeals from costs officers: Route of appeal

pen and paper

Criminal fees appeals: Divisional court/administrative court central funds assessments

time limits

Criminal fees appeals: Time limits

second appeal

Criminal fees appeals: Further appeal

what's next

Criminal fees appeals: Procedure subsequent to the appeal

video link

Criminal fees appeals: Appeals by telephone or video link

advocate

Criminal fees appeals: Appeals by the same advocate

multi-handed appeals

Criminal fees appeals: Multi-handed appeals

appeal hearing

Criminal fees appeals: The hearing of an appeal

paper appeal

Criminal fees appeals: Appeals on paper only

delay in requesting a detailed assessment hearing

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in requesting a detailed assessment hearing

lodging papers for appeal

Criminal fees appeals: Lodging of documents in support of appeal

supplementary grounds of appeal

Criminal fees appeals: Supplementary grounds of appeal

grounds of appeal

Criminal fees appeals: The grounds of appeal

notice of appeal

Criminal fees appeals: The Notice of Appeal

practice direction

Criminal fees appeals: The Criminal Costs Practice Direction

bad dog

Criminal fees appeals: Introduction

Requests for a detailed assessment hearing: Forms of request

jackson report

The electronic bill: The Jackson Report and Precedent S

interim payment in COP cases

Court of Protection cases: Payments on account

costs after P's death

Court of Protection cases: Costs following P’s death

Costs of sale of a property

Court of Protection cases: Costs of sale or purchase of property

remuneration from estate

Court of Protection cases: Remuneration of a deputy, donee or attorney

Where proceedings concern P’s property and affairs

Court of Protection cases: Where proceedings concern P’s property and affairs

non professional deputy

Court of Protection case: Non-professional deputies

Incidence of costs – the general rule

Court of Protection cases: Incidence of costs – the general rule

Commencing a detailed assessment

Court of Protection cases: Commencing a detailed assessment

authorities to assess

Court of Protection cases: Authorities to assess costs

Court of Protection cases: Bill format

Court of Protection cases: Bill format

Court of Protection cases: Fixed costs

Court of Protection cases: Fixed costs

Court of Protection cases: Agreed costs

Court of Protection cases: Agreed costs

orders for costs

Court of Protection cases: Orders and directions as to costs

court of protection

Court of Protection cases: Introduction

one fifth rule

Solicitor and client assessments: The costs of the assessment

judge

Solicitor and client assessments: The hearing of the application

commencing the application

Solicitor and client assessments: Commencing the application

forms to use

Solicitor and client assessments: The forms to use

Know Your Rights

Solicitor and client assessments: Detailed assessment as of right or on terms

solicitor and client

Solicitor and client assessments: Introduction

deciding whether to apply for a waster costs order

Applications concerning misconduct or wasted costs: Deciding whether to make a wasted costs order

procedural steps

Applications concerning misconduct or wasted costs: Procedural steps on applications for a wasted costs order

wasted costs

Applications concerning misconduct or wasted costs: Principles on which wasted costs orders are made

wasted costs

Applications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders

misconduct

Applications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives

Setting aside a default costs certificate

Applying to set aside a default costs certificate: Orders and directions on set aside applications

setting aside a default costs certificate

Applying to set aside a default costs certificate: Application by paying party

Applying to set aside a default costs certificate

Applying to set aside a default costs certificate: Application by receiving party

time to pay

Obtaining a payment on account or an interim costs certificate: Time for payment and enforcement

Agreement

Obtaining a payment on account or an interim costs certificate: Agreement

Interim

Obtaining a payment on account or an interim costs certificate: Form of interim costs certificate

When to apply for interim costs

Obtaining a payment on account or an interim costs certificate: When to apply

sanction

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings

default costs certificate

Obtaining a default costs certificate: Effect of a default costs certificate

default costs certificate

Obtaining a default costs certificate: Form of default costs certificate

Protected party