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 when no order is made: general rule, exceptions and deemed costs orders under CPR 44.9–44.10 (England and Wales)

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Practice notes

This Practice Note examines the scope to recover Costs where a court order is silent on costs. While parties are not entitled to any costs linked to that particular order, it is important to recognise that in certain situations a costs order may be treated as having been made. In those circumstances, costs can be recovered.

The general rule—no costs recovery

The starting point is that if an order includes no provision about costs, the parties cannot recover their costs associated with that order (CPR 44.10(1)). In such instances, a party also cannot seek an order under section 194(3) of the Legal Services Act 2007 (LSA 2007) for payments relating to Pro bono representation. The analysis in Kapoor v Johal (2024) confirms the meaning and effect of CPR 44.10(1)(a)(i), consistent with the pre‑CPR 44.10 decision in Griffiths v Commissioner of Police for the Metropolis (2003). As applications can generate substantial expense, it is crucial to ensure that appropriate submissions are made to the court in relation to costs orders. Make sure suitable Representations are advanced to safeguard your position...

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Web page updated on 21/05/2026

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