Rule 44.2 Court’s discretion as to costsF1

whether costs are payable by one party to another;

the amount of those costs; and

when they are to be paid.

the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but

the court may make a different order.

proceedings in the Court of Appeal on an application or appeal made in connection with proceedings in the Family Division; or

proceedings in the Court of Appeal from a judgment, direction, decision or order given or made in probate proceedings or family proceedings.

the conduct of all the parties;

whether a party has succeeded on part of its case, even if that party has not been wholly successful; and

any admissible offer to settle made by a party which is drawn to the court’s attention, and which is not an offer to which costs consequences under Part 36 apply.

conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol;

whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

the manner in which a party has pursued or defended its case or a particular allegation or issue; F2...

whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim F3; and

whether a party failed to comply with an order for alternative dispute resolution, or unreasonably failed to engage in alternative dispute resolution.

a proportion of another party’s costs;

a stated amount in respect of another party’s costs;

costs from or until a certain date only;

costs incurred before proceedings have begun;

costs relating to particular steps taken in the proceedings;

costs relating only to a distinct part of the proceedings; and

interest on costs from or until a certain date, including a date before judgment.