costs application
📖 What is costs application? Meaning and definition
A costs application is a formal step taken by a party in a legal case to seek reimbursement for their legal costs from another party. This typically happens after the main dispute has been decided or settled. The party making the application is asking the tribunal or court to use its power to order the other side to pay, which can cover expenses like legal fees and other disbursements incurred during the proceedings.
These applications are not always successful; tribunals and courts have the discretion to dismiss them, meaning the party who applied will not recover their costs. The decision to grant or dismiss a costs application often depends on specific rules governing the tribunal or court, such as Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, which was cited in one case regarding a significant sum sought for costs.
Costs applications can arise in various legal contexts, from employment tribunals to property disputes and compensation cases. Even if a case settles, as seen in a compensation case before the Upper Tribunal, parties may still make costs applications, which the tribunal then considers based on relevant legislation and specific circumstances, including whether 'special reasons' exist not to make an order for costs as might otherwise be expected.
For self-represented litigants, understanding that making a costs application is a distinct process from the main case is crucial. It requires a formal application, often with supporting documentation detailing the costs incurred, and the tribunal will then make a separate decision on this application.
📋 Requirements
- A formal application must be made to the tribunal or court.
- The application is typically made after the substantive dispute has been determined or settled.
- The application must specify the amount of costs sought.
- The application must be made under specific rules relevant to the tribunal or court (e.g., Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013).
📝 Procedure
- The main dispute between the parties is determined by the tribunal or court.
- One party makes a formal application for costs, often citing the relevant procedural rules.
- Directions may be given for the determination of the costs application.
- The tribunal or court considers the application and makes a decision to either grant or dismiss it.
💡 Examples
- After a tenant's disability discrimination claims were allowed, their application for costs was dismissed by the Employment Tribunal.
- A landlord made an application for costs totalling over £250,000 under Rule 13(1)(b) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, but the First-tier Tribunal dismissed it.
- Following the settlement of a compensation case involving land rights, both sides made costs applications to the Upper Tribunal, which were ultimately dismissed.
- A party in a property dispute sought an order for costs after the substantive issues were decided, detailing the expenses they wished to recover from the other side.
📚 Legal basis
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Land Compensation Act 1961
❓ Frequently asked questions
What does it mean if my costs application is dismissed?
If your costs application is dismissed, it means the tribunal or court has decided not to order the other party to pay your legal expenses. You will be responsible for your own costs.
Can I make a costs application if my case settles out of court?
Yes, even if a case settles, parties can still make costs applications to the tribunal or court, which will then decide whether to grant them based on the circumstances and relevant legal provisions.
Are costs applications always granted?
No, costs applications are not always granted. Tribunals and courts have discretion and will consider the specific rules, the conduct of the parties, and the circumstances of the case before making a decision.
What kind of costs can I claim in a costs application?
Typically, you can claim for legal fees and other expenses directly related to the legal proceedings, such as court fees or expert witness costs. You would need to provide evidence of these expenses.
Is there a specific rule for costs applications in property disputes?
Yes, for First-tier Tribunal (Property Chamber) cases, Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 is often cited for costs applications.
Do I need a solicitor to make a costs application?
While you can make a costs application yourself, the process can be complex. Seeking advice from a qualified solicitor is recommended to ensure your application is properly prepared and presented according to the relevant rules.