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My lovelies...

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  • My lovelies...

    If a final hearing makes an order that reads "no order as to costs," would you say that it means you can ask for costs to be considered on application to vary the order - within the time limit for such, obviously?

    Further, would you say it is more of an invitation that "both sides are ordered to pay their own costs"?
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  • #2
    Re: My lovelies...

    "No order as to costs" means that the court has not altered the starting point for liability for costs, which is that each side bears their own.

    If there were a costs order (to provide some clarity) it would be, say, "The Defendant do pay the Claimants costs". The Claimant has a costs liability to their solicitor, which the Defendant has to pay for them.

    As to your query about varying an order, yes you could apply to vary the order to change the costs award, but as costs lie in the discretion of the judge, this would have to be an appeal, or unde rthe 7 day rule for adjusting orders to which you were not present.

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