REASONS FOR AWARD • The costs were proportionate and reasonably incurred. The claimant was to pay for costs of proceedings plus the costs towards the fees of the detailed assessment hearing. • Also, the exchange rate was counted depending on the date of payment to UK Counsel.
Analysis of Selected Cases General 19. Each case will turn on its own facts. Whether the amount of costs to be awarded will be reduced or increased is a fact-dependent exercise on the nature of the case, the value of the claim, and the amount of the costs claimed. 20. If the paying party is not disputing the amount of costs, the Court will take this as an indication that the amount is proportionate and reasonable.
Use of Senior Lawyer and Expert Witness 21. It is easier to decide whether the final costs are reasonable and proportionate in a simple and straightforward case than one where the case is more complex. Thus, the Court will take into account the work on the more complex case which had to be done. 22. The use of senior lawyers, including overseas ones, would be justified if this brings about greater efficiency. 23. The use of expert witness would be justified if the case is particularly complex. 24.
In these cases, the Court will most likely uphold the costs claimed in view of the case’s complexity. That being said, whether the party had permission to rely on that particular expert is highly relevant but permission does not, in and of itself, mean that costs will be recoverable in full or at all. The Court will not be endorsing disproportionate and unreasonable costs.
Preventing a Further Incurrence of Costs 25. The later the settlement, the higher the costs that will be incurred. 26. In the Court’s exercise of discretion on costs assessment, the Court may take into account the parties’ conduct such as whether parties have tried to resolve their disputes on costs through means such as mediation before the costs assessment application. 27. It is encouraged that parties should attempt to resolve their disputes as early as possible to avoid a further accumulation of costs. 28. Should a case be appealed successfully, the receiving party should detail the costs sought at each stage of the proceedings. 29. Likewise, parties should inform the Court about all previous assessments carried out in the proceedings in order for the assessment to be fair and reasonable. 18