LWB431 Lecture Notes - Witenagemot, Harry Gibbs, London General
Document Summary
The jurisdiction to award costs is statutory: s 221 supreme court act 1995. A party cannot recover any costs of a proceeding other than under the ucpr or order of the court: r 691. A party to a proceeding cannot recover any costs of the proceeding from another party other than under these rules or an order of the court. Costs may be awarded at any stage of the proceedings or after the proceedings end: r 680. Costs may be recovered for proceedings, which have abated: s 116i supreme court act 1991. The general rule is that the winner is awarded their costs, in addition to the judgment for or against the claim. The idea is to indemnify the successful party for the costs incurred by them in contesting the claim. It is not to penalise the loser or reward the winner. In practice the award of costs does not fully indemnify the winner.
