On 19/05/2013,
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incorporating all amendments published on or before 19/05/2013.
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ENTITLEMENT TO COSTS
3.
—(1) Subject to the following provisions of this Order, no party shall be entitled to recover any costs of or incidental to any proceedings from any other party to the proceedings except under an order of the Court.
(2) If the Court in the exercise of its discretion sees fit to make any order as to the costs of or incidental to any proceedings, the Court shall, subject to this Order, order the costs to follow the event, except when it appears to the Court that in the circumstances of the case some other order should be made as to the whole or any part of the costs.
(3) The costs of and occasioned by any amendment made without leave in the writ of summons or any pleadings shall be borne by the party making the amendment, unless the Court otherwise orders.
(4) The costs of and occasioned by any application to extend the time fixed by these Rules, or any direction or order thereunder, for serving or filing any document or doing any other act (including the costs of any order made on the application) shall be borne by the party making the application, unless the Court otherwise orders.
(5) If a party on whom a notice to admit facts is served under Order 27, Rule 2, refuses or neglects to admit the facts within 14 days after the service on him of the notice or such longer time as may be allowed by the Court, the costs of proving the facts shall be paid by him, unless the Court otherwise orders.
(6) If a party —
(a)
on whom a list of documents is served in pursuance of any provision of Order 24; or
(b)
on whom a notice to admit documents is served under Order 27, Rule 5,
gives notice of non-admission of any of the documents in accordance with Order 27, Rule 4(2) or 5(2), as the case may be, the costs of proving that document shall be paid by him, unless the Court otherwise orders.
(7) Where a defendant by notice in writing and without leave discontinues his counterclaim against any party or withdraws any particular claim made by him therein against any party, that party shall, unless the Court otherwise directs, be entitled to his costs of the counterclaim or his costs occasioned by the claim withdrawn, as the case may be, incurred to the time of receipt of the notice of discontinuance or withdrawal.
(8) Where a plaintiff accepts money paid into Court by a defendant who counterclaimed against him, then, if the notice of payment given by that defendant stated that he had taken into account and satisfied the cause of action or, as the case may be, all the causes of action in respect of which he counterclaimed, that defendant shall, unless the Court otherwise directs, be entitled to his costs of the counterclaim incurred to the time of receipt of the notice of acceptance by the plaintiff of the money paid into Court.
(9) Where any person claiming to be a creditor comes in to prove his title, debt or claim in relation to a company in pursuance of any such notice as is mentioned in Order 88, Rule 10, he shall, if his claim succeeds, be entitled to his costs incurred in establishing it, unless the Court otherwise directs, and, if his claim or any part thereof fails, may be ordered to pay the costs of any person incurred in opposing it.
(10) Where a claimant is entitled to costs under paragraph (9), the amount of the costs shall be fixed by the Court unless it thinks fit to direct taxation and the amount fixed or allowed shall be added to the claimant’s debt.
4.
—(1) Costs may be dealt with by the Court at any stage of the proceedings or after the conclusion of the proceedings; and any costs ordered shall be paid forthwith notwithstanding that the proceedings have not been concluded, unless the Court otherwise orders.
(2) In the case of an appeal the costs of the proceedings giving rise to the appeal, as well as the costs of the appeal and of the proceedings connected with it, may be dealt with by the Court hearing the appeal; and in the case of any proceedings transferred or removed to the High Court from any other court, the costs of the whole proceedings, both before and after the transfer or removal, may be dealt with by the Court to which the proceedings are transferred or removed.
(3) Where under paragraph (2) the Court makes an order as to the costs of any proceedings before another Court, Rules 27, 30 and 31 shall not apply in relation to those costs, but, except in relation to costs of proceedings transferred or removed from a Subordinate Court, the order —
(a)
shall specify the amount of the costs to be allowed;
(b)
shall direct that the costs shall be assessed by the Court before which the proceedings took place; or
(c)
if the order is made on appeal from a Subordinate Court in relation to proceedings in that Court, may direct that the costs shall be taxed by the Registrar of the Supreme Court.
5. The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account any payment of money into Court and the amount of such payment and the conduct of all the parties, including conduct before, as well as during, the proceedings, and in particular the extent to which the parties followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar.
6.
—(1) Notwithstanding anything in this Order or under any written law unless the Court is of opinion that there was no reasonable ground for opposing the will, no order shall be made for the costs of the other side to be paid by the party opposing a will in a probate action who has given notice with his defence to the party setting up the will that he merely insists upon the will being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the will.
(2) Where a person is or has been a party to any proceedings in the capacity of trustee, personal representative or mortgagee, he shall, unless the Court otherwise orders, be entitled to the costs of those proceedings, in so far as they are not recovered from or paid by any other person, out of the fund held by the trustee or personal representative or out of the mortgaged property, as the case may be; and the Court may otherwise order only on the ground that the trustee, personal representative or mortgagee has acted unreasonably or, in the case of trustee or personal representative, has in substance acted for his own benefit rather than for the benefit of the fund.
6A. In addition to and not in derogation of any other provision in this Order, where a party has failed to establish any claim or issue which he has raised in any proceedings, and has thereby unnecessarily or unreasonably protracted, or added to the costs or complexity of those proceedings, the Court may order that the costs of that party shall not be allowed in whole or in part, or that any costs occasioned by that claim or issue to any other party shall be paid by him to that other party, regardless of the outcome of the cause or matter.
7.
—(1) Where it appears to the Court in any proceedings that any thing has been done, or that any omission has been made, unreasonably or improperly by or on behalf of any party, the Court may order that the costs of that party in respect of the act or omission, as the case may be, shall not be allowed and that any costs occasioned by it to any other party shall be paid by him to that other party.
(2) Without prejudice to the generality of paragraph (1), the Court shall for the purpose of that paragraph have regard in particular to the following matters:
(a)
the omission to do any thing the doing of which would have been calculated to save costs;
(b)
the doing of any thing calculated to occasion, or in a manner or at a time calculated to occasion unnecessary costs; and
(c)
any unnecessary delay in the proceedings.
(3) The Court may, instead of giving a direction under paragraph (1) in relation to anything done or omission made, direct the Registrar to inquire into it and, if it appears to him that such a direction should have been given in relation to it to act as if the appropriate direction had been given.
(4) The Registrar shall, in relation to anything done or omission made in the court of taxation and in relation to any failure to procure taxation have the same power to disallow or to award costs as the Court has under paragraph (1) to direct that costs shall be disallowed to or paid by any party.
(5) Where a party entitled to costs fails to procure or fails to proceed with taxation, the Registrar in order to prevent any other parties being prejudiced by that failure, may allow the party so entitled a nominal or other sum for costs or may certify the failure and the costs of the other parties.
7A.
—(1) Subject to the provisions of any written law and this Order, the party whose bill is being taxed shall be entitled to his costs of the taxation proceedings.
(2) The party liable to pay the costs of the proceedings which gave rise to the taxation proceedings may make a written offer to pay a specific sum in satisfaction of those costs which is expressed to be “without prejudice except as to the costs of taxation” at any time before the expiration of 7 days after the delivery to him of a copy of the bill of costs under Rule 22 and, where such an offer is made, the fact that it has been made shall not be communicated to the Registrar until the question of the costs of the taxation proceedings falls to be decided.
(3) The Registrar may take into account any offer made under paragraph (2) which has been brought to his attention.
8.
—(1) Subject to this Rule, where it appears to the Court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable competence and expedition, the Court may make against any solicitor whom it considers to be responsible (whether personally or through an employee or agent) an order —
(a)
disallowing the costs as between the solicitor and his client; and
(b)
directing the solicitor to repay to his client costs which the client has been ordered to pay to other parties to the proceedings; or
(c)
directing the solicitor personally to indemnify such other parties against costs payable by them.
(2) No order under this Rule shall be made against a solicitor unless he has been given a reasonable opportunity to appear before the Court and show cause why the order should not be made, except where any proceedings in Court or in Chambers cannot conveniently proceed, and fails or is adjourned without useful progress being made —
(a)
because of the failure of the solicitor to attend in person or by a proper representative; or
(b)
because of the failure of the solicitor to deliver any document for the use of the Court which ought to have been delivered or to be prepared with any proper evidence or account or otherwise to proceed.
(3) Before making an order under this Rule, the Court may, if it thinks fit, refer the matter (except in the case of undue delay in the drawing up of, or in any proceedings under, any order or judgment as to which the Registrar has reported to the Court) to the Registrar for inquiry and report and direct the solicitor in the first place to show cause before him.
(4) The Court may, if it thinks fit, direct or authorise the Attorney-General to attend and take part in any proceedings or inquiry under this Rule, and may make such order as it thinks fit as to the payment of his costs.
(5) The Court may direct that notice of any proceedings or order against a solicitor under this Rule shall be given to his client in such manner as may be specified in the direction.
(6) Where in any proceedings before the Registrar on taxation the solicitor representing any party is guilty of neglect or delay or puts any other party to any unnecessary expense in relation to those proceedings, the Registrar may direct the solicitor to pay costs personally to any of the parties to those proceedings; and where any solicitor fails to leave his bill of costs for taxation within the time fixed by an order of Court or otherwise delays or impedes the taxation, then, unless the Registrar otherwise directs, the solicitor shall not be allowed the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation.
(7) On the taxation of any bill of costs, if one-half or more of the total amount of the bill is taxed off, the Registrar shall have the power to make one or both of the following orders:
(a)
that the solicitor who presented the bill be disallowed the costs for the work done for and in the taxation of costs;
(b)
that the solicitor who presented the bill —
(i)
stamp the bill with the whole of the amount of fees which would be payable if the bill was allowed by the Registrar at the full amount thereof;
(ii)
be entitled to be reimbursed by the paying party (in the case of a bill between party and party) or his client (in the case of a bill between the solicitor and his client) only the amount of fees payable on the amount allowed on taxation;
(iii)
pay personally the difference between the amounts of fees mentioned in sub-paragraphs (i) and (ii) above; and
(iv)
pay personally the fee payable for the Registrar’s Certificate.
(8) Where the Registrar makes one or both of the orders under paragraph (7), he shall make a note to that effect on the bill of costs and the order(s) shall be included in the Registrar’s Certificate.
9.
—(1) Subject to this Order, where under these Rules or any order or direction of the Court costs are to be paid to any person, that person shall be entitled to his taxed costs.
(2) Paragraph (1) shall not apply to costs which under any order or direction of the Court —
(a)
are to be paid to a receiver appointed by the High Court under section 4(10) of the Civil Law Act (Chapter 43) in respect of his remuneration, disbursements or expenses; or
(b)
are to be assessed or settled by the Registrar, but Rules 27, 30 and 31 shall apply in relation to the assessment or settlement by the Registrar of costs which are to be assessed or settled as aforesaid.
(3) Where a writ in an action is endorsed in accordance with Order 6, Rule 2(1)(b), and judgment is entered in default of appearance or of defence for the amount claimed for costs (whether alone or together with any other amount claimed), paragraph (1) shall not apply to those costs; but if the amount claimed for costs as aforesaid is paid in accordance with the endorsement (or is accepted by the plaintiff as if so paid) the defendant shall nevertheless be entitled to have those costs taxed.
(4) The Court in awarding costs to any person may direct that, instead of taxed costs, that person shall be entitled —
(a)
to a proportion specified in the direction of the taxed costs or to the taxed costs from or up to a stage of the proceedings so specified; or
(b)
to a gross sum so specified in lieu of taxed costs.
10.
—(1) Where —
(a)
a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or withdraws any particular claim made by him therein against any defendant; or
(b)
an action, a cause or matter is deemed discontinued,
the defendant may, unless the Court otherwise orders, tax his costs of the action, cause or matter and if the taxed costs are not paid within 4 days after taxation, may sign judgment for them. The reference to a defendant in this paragraph shall be construed as a reference to the person (howsoever described) who is in the position of defendant in the proceeding in question, including a proceeding on a counterclaim.
(2) If a plaintiff accepts money paid into Court in satisfaction of the cause of action, or all the causes of action, in respect of which he claims, or if he accepts a sum or sums paid in respect of one or more specified causes of action and gives notice that he abandons the others, then subject to paragraph (4), he may, after 4 days from payment out and unless the Court otherwise orders, tax his costs incurred to the time of receipt of the notice of payment into Court and 48 hours after taxation may sign judgment for his taxed costs.
(3) Where a plaintiff in an action for libel or slander against several defendants sued jointly accepts money paid into Court by one of the defendants, he may, subject to paragraph (4), tax his costs and sign judgment for them against that defendant in accordance with paragraph (2).
(4) Where money paid into Court in an action is accepted by the plaintiff after the trial or hearing has begun, the plaintiff shall not be entitled to tax his costs under paragraph (2) or (3).
(5) When an appeal is deemed to have been withdrawn under Order 55D or Order 57 —
(a)
the respondent may tax his costs of and incidental to the appeal, and, if the taxed costs are not paid within 4 days after taxation, may sign judgment for them; and
(b)
any sum of money lodged in Court as security for the costs of the appeal shall be paid out to the respondent towards satisfaction of the judgment for taxed costs without an order of the Court and the balance, if any, shall be paid to the appellant.
11.
—(1) When an action or application is dismissed with costs, or an order of the Court directs the payment of any costs, or any party is entitled under Rule 10 to tax his costs, no order directing the taxation of those costs need be made.
(2) Where a summons is taken out to set aside with costs any proceeding on the ground of irregularity and the summons is dismissed but no direction is given as to costs, the summons is to be taken as having been dismissed with costs.
12.
—(1) The Registrar of the Supreme Court shall have power to tax —
(a)
the costs of or arising out of any cause or matter in the Supreme Court;
(b)
the costs directed by an award made on a reference to arbitration under any written law or pursuant to an arbitration agreement to be paid;
(c)
any other costs the taxation of which is directed by an order of the Court; and
(d)
any costs directed to be taxed or settled by or under any written law.
(2) The Registrar of the Subordinate Courts shall have power to tax —
(a)
the costs of or arising out of any cause or matter in the Subordinate Courts;
(b)
any other costs the taxation of which is directed by an order of the Court; and
(c)
any costs directed to be taxed or settled by or under any written law.
13. The Registrar may, in the discharge of his functions with respect to the taxation of costs —
(a)
take an account of any dealings in money made in connection with the payment of the costs being taxed, if the Court so directs;
(b)
require any party represented jointly with any other party in any proceedings before him to be separately represented;
(c)
examine any witness in those proceedings; and
(d)
direct the production of any document which may be relevant in connection with those proceedings.
14.
—(1) The Registrar may —
(a)
extend the period within which a party is required under this Order to begin proceedings for taxation or to do anything in or in connection with proceedings before the Registrar; and
(b)
where no period is specified under this Order or by the Court for the doing of anything in or in connection with such proceedings, specify the period within which the thing is to be done.
(2) Where an order of the Court specifies a period within which anything is to be done by or before the Registrar then, unless the Court otherwise directs, the Registrar may from time to time extend the period so specified on such terms (if any) as he thinks just.
(3) The Registrar may extend any such period as is referred to in paragraphs (1) and (2) although the application for extension is not made until after the expiration of that period.
15.
—(1) The Registrar may from time to time in the course of the taxation of any costs by him issue an interim certificate for any part of those costs which has been taxed.
(2) If, in the course of the taxation of a solicitor’s bill to his own client, it appears to the Registrar that in any event the solicitor will be liable in connection with that bill to pay money to the client, he may from time to time issue an interim certificate specifying an amount which in his opinion is payable by the solicitor to his client.
(3) On the filing of a certificate issued under paragraph (2) the Court may order the amount specified therein to be paid forthwith to the client or into Court.
16. Where a party entitled to be paid costs is also liable to pay costs, the Registrar may —
(a)
tax the costs which that party is liable to pay and set off the amount allowed against the amount he is entitled to be paid and direct payment of any balance; or
(b)
delay the issue of a certificate for the costs he is entitled to be paid until he has paid or tendered the amount he is liable to pay.
17.
—(1) Where the Court directs an account to be taken and the account consists in part of a bill of costs, the Court may direct the Registrar to tax those costs and the Registrar shall tax the costs in accordance with the direction and shall return the bill of costs, after taxation thereof, together with his report thereon to the Court.
(2) The Registrar taxing a bill of costs in accordance with a direction under this Rule shall have the same powers, and the same fees shall be payable in connection with the taxation as if an order for taxation of the costs had been made by the Court.
18.
—(1) Where the Court refers any matter to any solicitor or obtains the assistance of any other person under Order 32, Rule 12, the fees payable to the solicitor or that other person in respect of the work done by him in connection with the reference or, as the case may be, in assisting the Court shall be fixed by the Registrar.
(2) An appeal from the decision of the Registrar under this Rule shall lie to the Court, and the decision of the Court shall be final.
18A. On a taxation of the costs of a litigant in person, there may be allowed such costs as would reasonably compensate the litigant for the time expended by him, together with all expenses reasonably incurred.
19.
—(1) Costs for getting up the case by and for attendance in Court of more than one solicitor for a party shall not be allowed unless the Court at the hearing or within 7 days thereof so certifies.
(2) Such costs may be allowed notwithstanding that the solicitors are members of the same firm of solicitors.