--(1) If the court, including the Court of Appeal, decides to make an order about the costs of any proceedings, the general rule is that it must order the unsuccessful party to pay the costs of the successful party.
--(2) The court may, however, order a successful party to pay all or part of the costs of an unsuccessful party.
--(3) This rule gives the court power in particular-
----(a) to order a person to pay only a specified proportion of another person's costs;
----(b) to order a person to pay costs from or up to a certain date only; or
----(c) to order a person to pay costs relating only to a certain distinct part of the proceedings,
but the court may not make an order under paragraph 3(b) or 3(c) unless it is satisfied that an order under paragraph 3(a) would not be just.
--(4) In deciding who should be liable to pay costs the court must have regard to all the circumstances.
--(5) In particular it must have regard to-
----(a) the conduct of the parties;
----(b) whether a party has succeeded on particular issues, even if he has not been successful in the whole of the proceedings;
----(c) whether it was reasonable for a party-
--------(i) to pursue a particular allegation; and/or
--------(ii) to raise a particular issue;
----(d) the manner in which a party has pursued-
--------(i) his case;
--------(ii) a particular allegation; or
--------(iii) a particular issue;
----(e) whether a claimant who has won his claim caused the proceedings to be defended by claiming an unreasonable sum; and
----(f) whether the claimant gave reasonable notice of his intention to issue a claim.
--(6) The conduct of the parties includes-
----(a) conduct before, as well as during, the proceedings, and in particular the extent to which the parties complied with any relevant pre-action protocol; and
----(b) whether either or both parties refuse unreasonably to try an alternative dispute resolution procedure.
--(Rule 67.11 sets out the way in which the court must deal with the costs of procedural hearings other than a case management conference or pre-trial review)
Notes
Amended by Legal Notice 140 of 2000.
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