Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

Costs orders against prosecutors under POA 1985 s 19: principles, procedure, private prosecutions and appeals (England and Wales)

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Practice notes

This Practice Note sets out how the defence may seek to recover costs from the prosecutor after an unsuccessful criminal prosecution, relying on section 19 of the Prosecution of Offences Act 1985 (POA 1985). If, in criminal proceedings, one party incurs costs because another has acted or failed to act in an unnecessary or improper way, the criminal courts can direct that those costs are borne by the party whose conduct was unnecessary or improper. An acquitted defendant may advance a claim on this footing; however, given the very high bar that applies, success is exceptionally uncommon. A costs award on this footing is distinct from a defendant’s costs order under POA 1985, s 16, and from a wasted costs order against legal representatives under POA 1985, s 19A. See Practice Notes: Recovering acquitted defendants’ costs in criminal proceedings and Wasted costs in criminal proceedings.

The basis of a costs order under POA 1985 s 19

The courts’ authority to make an order of this type arises under POA 1985, s 19, with regulation 3 of the Costs in Criminal Cases (General) Regulations 1986, SI 1986/1335 (the 1986 Regulations)...

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Web page updated on 21/05/2026

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