|
| Item No. |
Recommendations |
Rules Affected |
Amendment Rules |
|
| Section 24: |
General Approach to Inter-party Costs
Recommendation 122 |
|
|
| 75. |
Recommendation 122
The principle that the costs should normally "follow the event" should continue to apply to the costs of the action as a whole. However, in relation to interlocutory applications, that principle should be an option (which would often in practice be adopted) but should not be the prescribed "usual order". Costs orders aimed at deterring unreasonable interlocutory conduct after commencement of the proceedings should be given at least equal prominence in practice, with the court being directed to have regard to the underlying objectives mentioned in relation to Proposal 1. These powers should not apply to pre-action conduct.
|
RHC
Order 62
|
Rules 122-128
|
|
