On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/04/2006.
PRELIMINARY
1.
—(1) In this Order —
“contentious business” has the same meaning as in the Legal Profession Act (Chapter 161);
“costs” includes fees, charges, disbursements, expenses and remuneration;
“standard basis” and “indemnity basis” have the same meanings assigned to them by Rule 27(2) and (3), respectively;
“taxed costs” means costs taxed in accordance with this Order.
(2) In this Order, references to a fund, being a fund out of which costs are to be paid or which is held by a trustee or personal representative, include references to any estate or property, whether movable or immovable, held for the benefit of any person or class of persons; and references to a fund held by a trustee or personal representative include references to any fund to which he is entitled (whether alone or together with any other person) in that capacity, whether the fund is for the time being in his possession or not.
(3) The item mentioned in the first column of the table below, when used in an order for costs, shall have the effect indicated in the second column of that table.
TABLE | ||
Term | Effect | |
“Costs” | Where this order is made in interlocutory proceedings, the party in whose favour it is made shall be entitled to his costs in respect of those proceedings whatever the outcome of the cause or matter in which the proceedings arise; | |
“Costs reserved” | The party in whose favour an order for costs is made at the conclusion of the cause or matter in which the proceedings arise shall be entitled to his costs of the proceedings in respect of which this order is made unless the Court orders otherwise; | |
“Costs in any event” | This order has the same effect as an order for “costs” except that the costs shall be taxed only after the conclusion of the cause or matter in which the proceedings arise; | |
“Costs here and below” | The party in whose favour this order is made shall be entitled not only to his costs in respect of the proceedings in which it is made but also to his costs of the same proceedings in any lower court, tribunal or other body constituted under any written law or in arbitration proceedings; | |
“Costs in the cause” or “costs in application” | The party in whose favour an order for costs is made at the conclusion of the cause or matter in which the proceedings arise shall be entitled to his costs of the proceedings in respect of which such an order is made; | |
“Plaintiff’s costs in the cause” or “Defendant’s costs in the cause” | The plaintiff or defendant, as the case may be, shall be entitled to his costs of the proceedings in respect of which such an order is made if judgment is given in his favour in the cause or matter in which the proceedings arise, but he shall not be liable to pay the costs of any other party in respect of those proceedings if judgment is given in favour of any other party or parties in the cause or matter in question; | |
“Costs thrown away” | Where proceedings or any part thereof have been ineffective or have been subsequently set aside, the party in whose favour this order is made shall be entitled to his costs of those proceedings or that part in respect of which it is made. | |
2.
—(1) Where by virtue of any written law the costs of or incidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted under any written law, not being proceedings in the High Court, are taxable in the High Court, this Order shall have effect in relation to proceedings for taxation of those costs as it has effect in relation to proceedings for taxation of the costs of or arising out of proceedings in the High Court.
(2) Subject to the express provisions of any written law and of these Rules, the costs of and incidental to proceedings in the Supreme Court or the Subordinate Courts, including the administration of estates and trusts, shall be in the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid.