Chapter

Costs Orders as a Case Management Tool

Peter Hurst

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0009
Costs Orders as a Case Management Tool

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This chapter discusses three main areas in which the court attempts to control costs by means of costs orders, namely: estimates, costs capping, and protective costs orders. Lord Woolf recommended that at case management conferences and pre-trial reviews the information available to the judge should include an estimate of the amount of costs already incurred and the costs which would be incurred if the case proceeded to trial. The purpose of a costs capping order is to enable the capped party to plan the appropriate level of expenditure to bring the case to trial at a cost which is in line with the amount of the cap. Finally, a protective costs order may be made at any stage of the proceedings on such conditions as the court thinks fit provided the court is satisfied that the issues raised are of general public importance; the public interest requires that those issues should be resolved; and the applicant has no private interest in the outcome of the case.

Keywords: costs; costs orders; estimates; cost capping; protective cost orders; Lord Woolf

Chapter.  5068 words. 

Subjects: Constitutional and Administrative Law

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