4. The Nature, Extent, and Recovery of Legal Costs

Abstract

This chapter focuses on the control and recovery of costs. Topics covered include the discretionary nature of costs awards, the general principle that the loser pays, how the court controls costs incurred, the basis upon which costs orders are made. In addition, the aspects of a legal representative’s work that are recoverable and how they are formulated, as well as the different types of costs order, are explained. This chapter also considers and helps to identify the changes or amendments that may be implemented in the future regarding the amount and recovery of costs in civil litigation.