REUTERS | Yusuf Ahmad

A simple question but one to which, until now, there has not necessarily been a simple answer.

The starting point itself is simple. At the end of a hearing or a trial, the court can make a costs order directing one party to pay the costs of the other party. If the proceedings have been concluded, for example by a judgment or settlement agreement, the costs can be quantified by detailed assessment straightaway (CPR 47.1). Alternatively, the court can order an immediate assessment by directing that “the costs be assessed and paid forthwith”. Absent such a direction, the receiving party must wait until the proceedings have concluded before any entitlement to have the costs assessed arises. Continue reading