This memorandum seeks comments on a large number of issues arising in connection with “party and party costs” — which are the amounts that one party to litigation must pay to the other party for expenses incurred by the latter in the course of the litigation. It explores the principles on which costs should be awarded and how the amounts awarded should be determined, as well as the associated topics of security for costs, fees of court officials, and solicitors’ liens and charging orders. Some suggested changes include security for costs, cost of litigation representatives, carrying forward Rule 128 (failure to admit) and Rule 230 (non-admission after notice to admit). It also deals with the taxations and enforcement of accounts lawyers render to their own clients, the determination of what charges and disbursements should be paid by a client to a lawyer, and the factors that should be considered, including the reasonableness of agreed and contingency fees. Several changes were suggested including reorganization of the Rules, removal of the taxation time limits, and changes in terminology. This memorandum canvasses the Rules relating to contempt (Rules 701 to 704 and Rule 366(b), which relates to directors of a corporation), and discusses a number of issues relating to those Rules. These Rules were found satisfactory and the Committee does not propose any changes.
Consultation Memoranda
Back to Publication SearchRules: Costs and Sanctions, Consultation Memorandum 12.17
Resource Details
Publication No: | 12.17 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01217.pdf |