Costs of Litigation

Generally speaking, when you are successful in Court the Judge will make an order to the losing party to pay the winning party’s costs, however costs are not always awarded. These costs commonly do not cover the entire legal fees spent and are known as party/party costs.

In civil litigation, the customary rule is that 'costs follow the event'—meaning the successful party usually receives an award of costs against the unsuccessful party. However, this rule is discretionary rather than absolute.

The court retains full power to determine by whom and to what extent costs are paid. A court may deny costs or order indemnity costs where a party conducts themselves unreasonably, rejects a reasonable Calderbank offer, or commences unmeritorious claims.

Our litigation practice ensures clients receive clear strategic risk assessments regarding costs orders from the outset.