Relevant Principles
8.The Claimants referred me to CPR 44.2, which provides: 44.2 (1) The court has discretion as to –(a) whether costs are payable by one party to another;(b) the amount of those costs; and(c) when they are to be paid.(2) If the court decides to make an order about costs –(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but…(4) In deciding what order (if any) to make about costs, the court will have regard to all the circumstances, including –(a) the conduct of all the parties;…(5) The conduct of the parties includes – (b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;(c) the manner in which a party has pursued or defended its case or a particular allegation or issue;,,,”9.I was also referred to PD44.9.2(b) which contains a ‘pay as you go’ presumption which encourages the court to conduct a summary assessment of costs at the conclusion of each hearing (at least where that hearing has lasted no more than one day).The general rule is that the court should make a summary assessment of the costs –…(b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily.10.CPR Part 44 is not disapplied in IPEC. This means that the court retains the jurisdiction to summarily assess costs and order them to be paid at any stage in proceedings. However, CPR Part 63 contains its own rules about costs of applications in the course of IPEC proceedings. 11.CPR 63.26, which is headed “Costs”, provides:(1)Subject to paragraph (2), the court will reserve the costs of an application to the conclusion of the trial when they will be subject to summary assessment.(2)Where a party has behaved unreasonably the court may make an order for costs at the conclusion of the hearing.(3) Where the court makes a summary assessment of costs, it will do so in accordance with Section IV of Part 45.12.CPR 63.26(1) in my judgement reverses and displaces the general ‘pay as you go presumption’ in PD44.9.2(b) for claims in IPEC. It is significant that the word ‘will’ in 63.26(1) is not qualified by ‘usually’ or ‘generally’. CPR 63.26(1) in my judgement creates a very strong presumption in favour of reserving costs of applications made in the course of IPEC proceedings. This reading of CPR 63.26(1) is consistent with IPEC Guide at para. 4.10 (with emphasis added):Costs of an interim application Costs of the case management conference or any other interim hearing will