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Litigation Costs

20 June 2019

We have updated our Guide to Litigation Costs, which provides a general introduction to the recovery of litigation costs from your opponent. It discusses general principles as well as issues that may arise during the course of litigation, providing practical guidance as to how to secure the best recovery.

What does the guide cover?

In this guide, first we deal with the question of whether the loser simply pays the winner’s costs. We then discuss the principle of proportionality, the impact of the conduct of the parties on costs and the requirement for costs budgeting in certain cases. Next we deal with the timing of obtaining a costs order – whether on a “pay as you go” basis at the end of an interim hearing, straight after trial, or after a detailed assessment. Finally, we consider the effect on costs of refusing to mediate, tactical offers under Part 36 and alternative fee arrangements.

You can read the full guide by clicking 'download files'.

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