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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...

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Costs in CDDA 1986 disqualification proceedings and related applications: CPR 44.2 discretion, undertakings, public interest, OR/liquidator costs and Part 36 (England and Wales)

Practice notes
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The General Principles

Discretion as to Costs

Although disqualification proceedings have a penal flavour, they are nonetheless civil in nature, so the ordinary civil costs principles apply to them. The Court of Appeal’s decision in Re Pamstock makes plain that their quasi-penal character does not, of itself, warrant any special costs Rules...

Under CPR 44.2, the court has discretion as to costs in civil proceedings, and this equally governs disqualification cases. Where a matter proceeds to trial:

  • If the hearing is completed within a single day, costs are usually dealt with by summary assessment immediately afterwards, and a schedule of costs should be prepared in advance for that purpose in line with the CPR.
  • If the trial extends beyond one day, the usual direction is for a detailed assessment.

CPR 44.2 also states the principle that “costs follow the event”...

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Web page updated on 21/05/2026

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