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...

Judicial review costs: principles, pre‑permission, settlement/academic cases, public body recovery, and immigration—Administrative Court and Upper Tribunal practice (England and Wales)

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Practice notes

General rule on Costs in Judicial review

The default position on costs in judicial review, as in other litigation, is that costs follow the event. That said, parties may apply for pre-emptive costs orders. The costs of, and incidental to, all proceedings in the High Court are within the court’s discretion. By statute, the High Court has discretion to award costs on a judicial review Application. Taking into account every relevant circumstance, including the overriding objective, the court may make a costs decision that departs from the default rule.

The scope of the court’s discretion includes:

whether one party must pay another’s costs
the quantum of those costs
the timing of payment

Ordinarily, costs follow the event unless, on the particular facts, the court considers that a different order on costs, such as a pre-emptive costs order, should be made, for example to enable the claimant to continue the case. An unsuccessful claimant will be required to pay the public body’s costs, including pre-permission costs. A distinction may be drawn between a judicial review claim where a single decision is...

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Adam Heppinstall

Henderson Chambers

Adam is a common law/commercial Barrister with a very wide range of clients and specialisms. As Junior Counsel to the Crown since 2004 he has advised and represented a very large number of public bodies on a range of issues. These include local authorities, housing associations, charities, social enterprises and relating organisations. He also advises (where there is no conflict) companies and businesses contracting or otherwise interacting with public bodies, whether in relation to procurement, information law or general contractual issues. His practice covers public, regulatory and information law as well as personal injury, employment and more general commercial law issues. He has environmental, health & safety, trading standards, inquests, flooding and water drainage, chemical and pharmaceutical and traffic commissioner regulatory experience. He has appeared in most Chambers of the First-tier and Upper Tribunals. The Legal 500 describe Adam as “Very much a silk in...

Jack Castle

Henderson Chambers

Jack is a barrister at Henderson Chambers specialising in commercial, financial services, product liability, employment, procurement, environmental and public law. He acts for claimants and defendants in both individual and group claims.Before entering private practice Jack was a Visiting Lecturer in European Law at City Law School, University of London....

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