Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as part of the damages awarded to the claimant against the defendant in the same claim.
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Protective costs orders. A petitioner who sought a declaration that her same sex marriage was a valid marriage in the United Kingdom was refused a protective costs order in respect of the costs of the Lord Chancellor as intervener, as the proceedings did not raise issues of general public importance and it was not unreasonable that the petitioner should be at risk of at least a contribution to the intervener's costs.
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No order for costs where claim discontinued. An application for discontinuance of a claim challenging a will was granted and no order as to costs made, as there was no evidence to show that the claimant had acted unreasonably or in bad faith in challenging the will.
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Indemnity costs. A trial judge's duty to assist the costs judge should not be defeated by the potentially paying litigant offering to pay costs on an indemnity basis while reserving the right to argue that its opponent's expenditure of costs had been extravagant or unreasonable. The Bank of England was entitled to indemnity costs after the liquidators of a failed bank discontinued their claim for misfeasance in public office.
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Each party to pay own costs where no winner and no loser. An order that each party was responsible for its own costs in respect of an action for alleged breaches of a restrictive covenant was not manifestly unjust particularly where the order fairly reflected that there was no winner and no loser.
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Master’s failure to give reasons for dismissing application for security for costs justified Order being set aside. A master's failure to give reasons for the dismissal of an application for security for costs taken together with a strong prima facie case for an order for security justified the setting aside of his order.
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Error of discretion where no award of costs where appellant had succeeded in action
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Failure to commence detailed assessment proceedings in time. Where a party had failed to commence detailed assessment proceedings in time the court had the power to disallow both interest and costs, and it could not be said that where the court disallowed interest it would only be in exceptional circumstances that it could also disallow costs.
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Costs of judicial review. The court made no order for costs where a claim for judicial review had been settled except as to costs, as the claim would not have, in the circumstances, proceeded beyond the permission stage and, if proceedings had been taken, permission would have been refused as there was an alternative remedy.
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Adjudicator’s powers in respect of costs. On the correct interpretation of the agreement for adjudication the adjudicator's power to direct the payment of legal costs was not limited to circumstances in which he made a substantive contested decision on the dispute referred to him.
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