The Civil Procedure Rules (CPR) in the UK govern the procedure for civil litigation. The costs rules under the CPR outline how costs are managed and awarded during legal proceedings. These rules include guidelines on the types of costs that can be claimed, the assessment of costs, the factors considered by the court when making cost orders, and the procedures for detailed assessment of costs.
The general rules relating to costs contained in the CPR continue to apply in claims under the I(PFD)A 1975. As such, the general rule remains that the unsuccessful party will be ordered to pay the costs of the successful party but the court may make a range of different orders.
As set out by Henderson J in Kostic v Chapman [2007] EWHC 2909 (Ch) at [4]:
‘The costs of a contentious probate action, like those of any other civil claim, are within the discretion of the court, and CPR Parts 43 and 44 will apply. The general rule, enshrined in CPR 44.3(2)(a), is that the unsuccessful party will be ordered to pay the costs of the successful party, or in other words that costs follow the event.’
Therefore, it is with this in mind that serious consideration must be given before issuing an application to the court, there are significant potential costs consequences to litigation.
