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66.1 This part contains general rules about costs and entitlement to costs.

Definitions and applications

66.2 (1) In this Part and in Part 67, unless the context otherwise requires -

"costs" include attorney's charges and disbursements, fixed costs, prescribed costs, budgeted costs or assessed costs;

"fixed costs" has the meaning placed on it by rule 67.4;

"prescribed costs" has the meaning placed on it by rule 67.5;

"budgeted costs" has the meaning placed on it by rule 67.8; and

"assessed costs" and "assessment" have the meanings placed on them by rules 67.11 and 67.12.

(2) The rules in this Part and in Part 67 (so far as applicable) apply also where the costs of -

(a) arbitration proceedings; or

(b) proceedings before a tribunal or other statutory body; or

(c) the costs of an attorney to his client,

are to be taxed or assessed by the court.

(3) Where in any enactment there is a reference to the taxation of

any costs this is to be construed as referring to the assessment of

such costs in accordance with rule 67.12.

Orders about costs

66.3 The court's powers to make orders about costs include power to

make orders requiring a person to pay the costs of another person

arising out of or related to all or any part of any proceedings.

Costs where there is an appeal

66.4 The court hearing an appeal may make orders about the costs of the

proceedings giving rise to the appeal as well as the costs of the appeal.

Entitlement to costs - general principles

66.5 A party to proceedings may not recover the costs of those proceedings

from any other party or person except by virtue of -

1. an order of the court; or
2. a provision of these Rules; or
3. an agreement between the parties.

Successful party generally entitled to costs

66.6 (1) If the court, including the Court of Appeal, decides to make an

order about the costs of any proceedings, the general rule is that

it must order the unsuccessful party to pay the costs of the

successful party.

(2) The court may however order a successful party to pay all or part of the costs of an unsuccessful party.

(3) This rule gives the court power in particular -

1. to order a person to pay only a specified proportion of another person's costs; or
2. to order a person to pay costs from a certain date only; or
3. to order a person to pay costs relating only to a certain distinct part of the proceedings.

The court may not make an order under paragraphs 3(b) or 3(c) unless it is satisfied that an order under paragraph 3(a) would not be just.

(4) In deciding who should be liable to pay costs the court must

have regard to all the circumstances.

(5) In particular it must have regard to -

1. the conduct of the parties;
2. whether a party has succeeded on particular issues, even if he has not been successful in the whole of the proceedings;
3. whether it was reasonable for a party

1. to pursue a particular allegation; and/or
2. to raise a particular issue;

1. the manner in which a party has pursued

1. his case; or
2. a particular allegation; or
3. a particular issue;

1. whether a claimant who has won his claim caused the proceedings to be defended by claiming an unreasonable sum; and
2. whether the claimant gave reasonable notice of his intention to issue a claim.

1. The conduct of the parties includes -

(a) conduct before, as well as during, the proceedings, and

in particular the extent to which the parties complied

with any relevant pre-action protocol.

(b) whether either or both parties refuse unreasonably to try

an alternative dispute resolution procedure

(Rule 67 .11 sets out the way in which the court must deal with the costs

of procedural hearings other than a case management conference or pre- trial review)

Two or more parties having the same interest

66.7 Where two or more parties having the same interest in relation to

proceedings are separately represented the court may disallow more than more than one set of costs.

Wasted costs orders

66.8 (1) In any proceedings the court may by order -

(a) disallow as against the attorney's client; or

(b) direct the attorney to pay,

the whole or part of any wasted costs.

(2) "Wasted costs" means any costs incurred by a party -

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any attorney or any employee of such attorney; or

(b) which, in the light of any act or omission occurring after they were incurred, the court considers it unreasonable to expect that party to pay.

Wasted costs orders - procedure

66.9 (1) This rule applies where the court is considering whether to

make an order disallowing wasted costs or for ordering that

an attorney pay wasted costs to another party.

(2) The court must give an attorney notice of the fact that it is minded to make a wasted costs order.

(3) The notice to the attorney must state the grounds on which

the court is minded to make the order and state a date, time

and place at which the attorney may attend to show cause why the order should not be made.

(4) The court must give the attorney at least 7 days notice of the

hearing.

(5) The court must also give notice directly to the attorney's

client -

1. of any proceedings under this rule
2. of any order made under it against his attorney.

Duty to send copy orders to client when costs orders made against client or attorney

66.10 The court must give notice to a party of any costs order made against

him or his attorney other than at the trial or hearing of any proceedings.