Conduct and effect on costs

This practice note considers the effect of a party's conduct in litigation on costs. It considers the relevant court rules and also case law governing particular situations such as delay, exaggeration, failure to comply with a pre-action protocol and failure to mediate. It also guides on timing regarding raising conduct points.

There are separate practice notes on Wasted costs (primarily for costs orders against a party's legal representative), Indemnity costs (as the basis of assessment of costs rather than the standard basis assessment; this is often ordered for conduct reasons) and Costs and non-parties to litigation (regarding costs orders against non-parties). The practice note, Recovery of costs: overview contains more detail about the court's general (and wide) discretion regarding costs orders in litigation.