HT-2021-000363 - [2025] EWHC 998 (TCC)

The Claimant’s position is that it is the successful party and, as such, it seeks an order that the First, Second and Sixth Defendants pay the Claimant’s costs of the liability proceedings on a joint and several basis, such costs to be subject to detailed assessment on the indemnity basis if not agreed.

The Defendants’ position is that the Claimant’s costs should be reduced to reflect the issues which it lost and the Sixth Defendant should not be liable for costs prior to the date of his joinder. Further, having lost its claims against the Third, Fourth and Fifth Defendants, the Claimant should pay the costs of the Third Defendant on the standard basis, and the costs of the Fourth and Fifth Defendants on the indemnity basis.

The Court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid: CPR 44.2(1).

The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party, although the Court may make a different order: CPR 44.2(2).

CPR 44.2(4) provides that in deciding what (if any) order to make about costs, the Court will have regard to all the circumstances, including:

CPR 44.2(5) provides that the conduct of the parties includes:

The Court may make an issue-based costs order but, before doing so, will consider whether it is practicable to make an order limiting the costs payable to a proportion of the overall costs: CPR 44.2(6) & (7).