--(1) On determining any application except at a case management conference, pre-trial review or the trial, the court must-
----(a) decide which party, if any, should pay the costs of that application;
----(b) assess the amount of such costs; and
----(c) direct when such costs are to be paid.
--(2) In deciding what party, if any, should pay the costs of the application the general rule is that the unsuccessful party must pay the costs of the successful party.
--(3) The court must, however, take account of all the circumstances including the factors set out in rule 66.6(5) but where the application is-
----(a) one that could reasonably have been made at a case management conference or pre-trial review;
----(b) an application to extend the time specified for doing any act under these Rules or an order or direction of the court;
----(c) an application to amend a statement of case; or
----(d) an application for relief under rule 26.7,
--the court must order the applicant to pay the costs of the respondent unless there are special circumstances.
--(4) In assessing the amount of costs to be paid by any party the court must take into account any representations as to the time that was reasonably spent in making the application and preparing for and attending the hearing and must allow such sum as it considers fair and reasonable.
Notes
Back to Part (67. Costs - Quantification)