Costs Orders

In general, “costs follow the event” for most civil actions. This means that the costs of an action are usually awarded to the successful litigant. However, any award of costs is at the discretion of the Court and the costs awarded may include fees, charges, disbursements, expenses and remuneration.

Examples of common costs orders that may be made are:

Fixed costs Where one party pays a defined sum to the other party.
Costs in the cause Where whichever litigant is successful at the end of the trial receives costs.
Plaintiff's costs or defendant's costs To be awarded to the named party only if he succeeds in the proceedings, but the named party does not have to pay the costs of the other party is the other party succeeds in the proceedings.
Costs in any event Where one party is awarded the costs for an interlocutory matter, regardless of whether or not he is eventually successful in the action.
Costs thrown away Where costs are awarded to a non-blameworthy party to compensate him for effort put in and expenses incurred which turn out to be “wasted” because of the blameworthy party’s conduct.

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