Rule 44.4 Factors to be taken into account in deciding the amount of costsF1

(1)

The court will have regard to all the circumstances in deciding whether costs were—

(a)

if it is assessing costs on the standard basis—

(i)

proportionately and reasonably incurred; or

(ii)

proportionate and reasonable in amount, or

(b)

if it is assessing costs on the indemnity basis—

(i)

unreasonably incurred; or

(ii)

unreasonable in amount.

(2)

In particular, the court will give effect to any orders which have already been made.

(3)

The court will also have regard to—

(a)

the conduct of all the parties, including in particular—

(i)

conduct before, as well as during, the proceedings; and

(ii)

the efforts made, if any, before and during the proceedings in order to try to resolve the dispute;

(b)

the amount or value of any money or property involved;

(c)

the importance of the matter to all the parties;

(d)

the particular complexity of the matter or the difficulty or novelty of the questions raised;

(e)

the skill, effort, specialised knowledge and responsibility involved;

(f)

the time spent on the case;

(g)

the place where and the circumstances in which work or any part of it was done; and

(h)

the receiving party’s last approved or agreed budget.

(Rule 35.4(4) gives the court power to limit the amount that a party may recover with regard to the fees and expenses of an expert.)

Annotations

F1: Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)

C1: Pt. 44 applied (with modifications) (1.7.2015) by S.I. 2007/1744, rule 160 (as substituted by The Court of Protection (Amendment) Rules 2015 (S.I. 2015/548), rules 1(2)(b), 52)
C2: Pt. 44 applied (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 4.29(3) (with rule 1.2)
C3: Pt. 44 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 4.27(3) (with rule 1.2)
C4: Pt. 44 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 120(3) (with rule 4(1))
C5: Pt. 44 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 223-231 (with rule 5)
C6: Pt. 44 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 116(3) (with rule 2)