Who pays for civil litigation, how much, and on what basis — the rules that determine whether a victory at trial is worth anything in the end.
A judgment on liability settles only half the argument; the costs decision that follows can dwarf the damages themselves. This chapter begins with the general rule that the loser pays, the differing regimes across the small claims, fast and intermediate tracks, and budgeting on the multi-track, before turning to the standard and indemnity bases of assessment, the proportionality test, and the factors guiding the court's discretion. It then works through the costs consequences of Part 36 offers and the protection qualified one-way costs shifting gives personal injury claimants. The final sections cover the mechanics of summary and detailed assessment, the meaning of interim orders such as costs in the case and costs reserved, wasted and non-party costs orders, and a client's right under the Solicitors Act 1974 to challenge their own solicitor's bill.
