Costs in the Cause in UK Law

Leading Cases
  • Scherer v Counting Instruments Ltd (Note)
    • Court of Appeal (Civil Division)
    • 28 July 1977

    That party who turns out to have unjustifiably either brought another party before the court, or given another party cause to have recourse to the court to obtain his rights is required to recompense that other party in costs; but (2) the judge has under Section 50 of the Judicature Act an unlimited discretion to make what order as to costs he considers that the justice of the case requires.

  • Stratford (J. T.) & Son Ltd v Lindley (No. 2)
    • Court of Appeal (Civil Division)
    • 14 July 1969

    "Costs in the cause" means that the costs of those interlocutory proceedings are to be awarded according to the final award of costs in the action. If the plaintiff wins and gets an order for his costs, he gets those interlocutory costs as part of his costs of the action against the defendant. "Plaintiff's costs in any event" means that, no matter who wins or loses, when the case is decided, or settled, the plaintiff is to have the costs of those interlocutory proceedings.

    I put aside the respective merits of the dispute, I ask simply: what is to be done in a situation which the House of Lords did not envisage? I think the Court should give the plaintiffs leave under Order 21, rule 3 to discontinue. Findingthat neither side wishes to go on with this action, I think the Master and the Judge exercised their discretion wisely in giving leave to discontinue on the footing that each side is to bear its own costs, including costs in the cause.

  • Berry v British Transport Commission
    • Court of Appeal
    • 23 June 1961

    I find it difficult to see why the law should not now recognise one standard of costs as between litigants and another when those costs form a legitimate item of damage in a "separate cause of action flowing from a different and additional wrong. It helps to keep down extravagance in litigation and that is a benefit to all those who have to resort to the law.

    The common latf has made provision, to hinder malicious and frivolous and vexatious suits, that every plaintiff should find pledges, who were amerced, if the claim was false; which judgment the Gourt heretofore always gave, and then the writ was issued to the coroners, and they amerced them according to the proportion of the vexation.

  • White v Weston
    • Court of Appeal (Civil Division)
    • 08 March 1968

    In my view the county court judge misdirected himself in considering that he had any power to visit, even contingently, on the defendant the plaintiff's costs of a hearing that, as against this defendant, should never have taken place at all, and to which he was a stranger.

  • Gouriet v Union of Post Office Workers
    • House of Lords
    • 26 July 1977

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Legislation
  • Civil Procedure Act 1833
    • UK Non-devolved
    • January 01, 1833
    ... ... in Actions at Law, and such Regulations as to the Payment of Costs, and otherwise for carrying into effect the said Alterations, as to them ... the End of this present Session, or within Twenty Years after the Cause of such Actions or Suits, but not after; the said Actions by the Party ... ...
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • January 01, 1852
    ... ... thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief in equity within six months after such ... taxed in the said suit, there to remain till the hearing of the cause, or to be paid out to the lessor or landlord on good security, subject to ... ...
  • Debtors (Ireland) Act 1840
    • UK Non-devolved
    • January 01, 1840
    ... ... Judge of One of the said Superior Courts, that such Plaintiff has a Cause of Action against the ... Defendant or Defendants to the Amount of Twenty ... Sum endorsed on such Writ of Capias, together with Ten Pounds for Costs, according to the Practice of the said Superior Courts; and all subsequent ... ...
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • January 01, 1965
    ... ... 22. Payment into and out of court ... 23. Security for costs ... 24. Discovery and inspection of documents ... 25. Summons for ... "cause book" means the book kept in the Central Office, the Principal Probate ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • delivery of goods, damages and costs: Form No.64
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... YOU ARE NOW COMMANDED: ... (1) to cause the goods detailed in Schedule 1 to be delivered to the claimant (name), ... (2) to take control of the goods of the  defendant (name) ... ...
  • Form No.66a
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... No. 66a – Combined Writ of possession and control for costs of action ...                   In the High Court of ... (1) to enter the land detailed in Schedule 1 and cause the claimant/defendant   ( name ) to have possession of it, ... ... ...
  • Form No.66
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... (1) to enter the land detailed in Schedule 1 and cause the claimant/defendant  (name) to have possession of it, ... (2) to ... 2. Fixed costs on Judgment or Order       £ ... 3. Assessed costs (if any) ... ...
  • Shortened PF52 in the Queen's Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ...   (3) Directions be given in the assessment of damages as set forth below.   ... 3.   ORDER TO SHOW CAUSE ... (1)   Unless by ( date ) the [       ] Defendant shows cause in writing/by email to the Master why judgment should not be entered ... ...
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