As a broad statement of principle in relation to costs, the losing party and usually pays the costs of the winning party. This is known as the “costs following the event” rule.
The costs payable by one party to another are generally in the discretion of the court. The court will usually take into account the conduct of the parties, which includes:
The court will look closely, following the result, at whether a party has achieved a more advantageous result than any Part 36 offer previously rejected by that party.
The court will usually make an order for an interim payment on account of a costs liability of the losing party at the end of the trial. For shorter hearings, the court is likely to immediately assess costs rather than wait for what is known as “a detailed assessment of costs” at some future hearing.