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 Capping Orders under the CPR (England and Wales): Scope, Criteria, Applications, Budgeting, Variation, VAT, Trust Funds and Appeals

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Practice notes

This Practice Note outlines Costs capping orders, setting out when the court may impose one and the range of matters it may encompass. It highlights the key points arising from Barr v Biffa Waste Services. Guidance is provided on the timing and method for making an Application, together with how to fix the cap and the process for seeking a variation where appropriate. The Note also stresses that costs capping orders are distinct from protective costs orders, and that separate provisions govern their treatment on Appeal...

In Judicial review cases, Sections 88 to 90 of the Criminal Justice and Courts Act 2015 establish a statutory framework for costs capping in such proceedings, including a dedicated judicial review costs capping order. For further detail, see Practice Note: Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners...

v protective costs orders

Both costs capping orders and protective costs orders limit the amount of costs payable in proceedings. It is, however, essential to differentiate them: the court’s power in relation to each arises from entirely separate sources, and the function and purpose of the two types of order are materially different...

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Web page updated on 21/05/2026

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