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 in pension scheme disputes: trustee indemnity, CPR 46.3, Re Buckton categories and Beddoe orders across courts, the Pensions Regulator and the Pensions Ombudsman (England and Wales)

Published by a LexisNexis Pensions expert

Practice notes

Pension scheme Disputes—jurisdictions for resolution

Disagreements about pension schemes can be settled in three distinct forums, each operating its own Rules on Costs:

the courts
the Pensions Regulator
the Pensions Ombudsman

The courts

Many pension issues are pursued through the civil courts. Claims, particularly those concerning occupational schemes constituted as trusts and supervised under the court’s inherent jurisdiction, are allocated to the Chancery Division of the High Court, specifically the Pensions Sub‑List of the Business List (BL (Ch)) within the Business and Property Courts of England and Wales. Such matters are commonly brought by trustees, the scheme employer or beneficiaries to resolve questions about the governance or administration of the scheme’s trusts.

The Pensions Regulator

The Pensions Regulator has a broad supervisory mandate and may take a proactive, interventionist stance towards employers, trustees and associated persons to protect pension scheme funds. Actions taken by the Regulator under its statutory powers can lead to proceedings before the High Court, which fall within the Pensions Sub‑List of the Business List (BL (Ch)) of the Business and Property Courts...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Oliver Hilton

Radcliffe Chambers

Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.Experience and ExpertiseOliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...