Litigation costs orders – how to maximise your return

It's the issue that is top of mind for almost all litigants. However, it's probably one of the most misunderstood.

When considering costs of litigation, you should remember the following:

1. Usually, a successful party will be entitled to a costs order.
2. Costs orders are discretionary.
3. Making written settlement offers early will increase the likelihood of favourable costs orders being made.
4. Even if a favourable costs order is made, you will likely still be out of pocket.
5. There is no guarantee of recovery of a costs order.

The usual costs order

As the saying goes, the winner (usually) takes all. That also (usually) applies to litigation. If you are successful in a claim or in defending a claim, the court will reward you by ordering the unsuccessful party to pay your costs.