Section 24Part 0 —
Costs
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Subject to the provisions of this or any other Law and to rules of court, the costs of and incidental to all civil proceedings in —
the Court of Appeal; and
the Grand Court,
shall be in the discretion of the relevant court.
Without prejudice to any general power to make rules of court, such rules may provide for regulating matters relating to the costs of civil proceedings referred to in subsection (1), including, in particular —
the entitlement to costs;
the taxation of costs;
the powers of taxing officers;
the powers of judges to review decisions of taxing officers; and
the powers of the court, as defined in section 24A(4), to make protective costs orders in judicial review proceedings and constitutional proceedings.
The court shall have full power to determine by whom and to what extent the costs are to be paid.
In any criminal or civil proceedings, the court may disallow or (as the case may be) order the attorney-at-law or foreign lawyer concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with the rules of court.
Costs, including wasted costs, may be awarded to or against the Crown.
A costs certificate made by a taxing officer shall be enforceable as if it were a judgment or order of the court.
In this section —
“proceedings” includes the administration of estates and trusts and insolvency proceedings;
“protective costs order” is an order limiting or removing the liability of a party to judicial review proceedings or to constitutional proceedings, to pay another party’s costs in connection with any stage of the proceedings;
“wasted costs” means any costs incurred by a party —
as a result of any improper, unreasonable or negligent act or omission on the part of any attorney-at-law or foreign lawyer or any employee of such attorney-at-law or foreign lawyer; or
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
“protective costs order” has the meaning given in section 24(7); and
“judicial review proceedings” means —
proceedings on an application for leave to apply for judicial review;
proceedings on an application for judicial review;
any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b); or
proceedings on an appeal from a decision referred to in paragraph (c), and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.
For the purposes of this section, section 24B, and section 224C, in relation to judicial review proceedings —
the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review; and
references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.
Defined Terms
proceedingsprotective costs orderwasted costsjudicial review proceedings
Cross References
- Section 24 of Judicature Act
reference to the powers of the court, as defined in section 24A(4)
Referenced By
- Section 24 — Costs
reference to the powers of the court, as defined in section 24A(4)
- Section 24A — Protective costs orders in judicial review proceedings and constitutional proceedings
reference to section 24(3)
- Section 24B — Protective costs orders - procedure for application and grant
reference to sections 24A, 24B, and 24C