Order 12 is the longest Order in the Rules and governs everything about costs. The starting point is that costs are not recoverable without an order.
Order 12 Rule 7
Subject to this Order or to the effect of any written agreement between the parties, a party to a proceeding in the Court shall not be entitled to recover any costs of and incidental to the proceeding from any other party to the proceeding except under an order of the Court or a Judge.
Rule 2: the provisions apply to costs payable or to be taxed under any order of the Court, or under these Rules, and costs to be taxed in the Court under any Act.
Rule 1 defines “Proceeding” for this Order as any reference, application, appeal, motion, objection to competency or other matter brought before the court … other than criminal matters.
No costs either way
(1) On the hearing and determination of an appeal, no costs shall be allowed to either side.
(2) The expenses of witnesses attending on the Court’s order, of the appearance of an appellant, when in custody, and of examinations or references under section 8(1)(d), shall be paid out of the Consolidated Revenue Fund to an amount allowed by the Court.
— Supreme Court Act (Chapter 37)
Order 7 Rule 22 makes the same exclusion on discontinuance: the discontinuing party is liable for the other side’s costs except in criminal appeals.
Order 12 Rule 4
The Court or a Judge may in any proceeding of which the Court or Judge is seized exercise its power and discretion as to costs at any stage of the proceeding or after the conclusion of the proceeding.
(a) Where an order for the payment of costs is made, the Court or a Judge may require that the costs be paid forthwith notwithstanding that the proceeding is not concluded.
(b) An order for costs of an interlocutory proceeding shall not, unless the Court or a Judge otherwise orders, entitle a party to have a bill of costs taxed until the principal proceeding is concluded or further order.
Rule 4(b)(i): where under section 3 or 12 of the Act judgment is delivered by less than the full number of Judges who heard the proceeding, and no final costs order is included, the Judges or Judge delivering the decision may hear the parties on costs and make such order as is considered just.
Rule 4(b)(ii): after argument they may consult the available absent members of the Court, in which case the order made shall be the order of the majority.
Rules 14, 15, 24 and 25
Rule 14 — unless the Court or a Judge otherwise orders, the final Order for costs shall include all interlocutory costs Orders.
Rule 15 — where costs are reserved, the costs so reserved shall follow the event unless the Court or a Judge otherwise orders.
Rule 24 — the costs of any application or other step shall, unless otherwise ordered, be deemed to be part of the costs of the party in whose favour the application or other step is determined.
Rule 25 — where an application, objection to competency or other proceeding is ordered to stand over to the substantive hearing and no order is then made about its costs, the costs of all parties shall be deemed to be part of their costs of the proceeding.
Order 7 Rule 45: subject to s 29 of the Act the costs of the appeal book are costs in the appeal unless the court otherwise orders, and Rule 46 disallows the costs of copies of unnecessary documents or of documents copied at unnecessary length.
Order 7 Rule 19: where notice of objection to competency is not given and the appeal is dismissed as incompetent, the respondent shall not receive any costs unless the Court on special grounds orders otherwise.
Order 12 Rule 23: where a further interlocutory injunction or stay continues an earlier one, the costs order on the later application shall include the costs of the first.
Order 12 Rule 3
If a party is represented by a lawyer (as counsel) who is employed or engaged by the State, or by an in-house lawyer employed or engaged by a party, a fee commensurate with that which would be allowable if the lawyer had been a private lawyer may be allowed to the State or that party, despite the fact that the party is unable to vouch payment of the fee.
So a party represented in-house is not confined to out-of-pocket expense.
Order 12 Rule 11
Where costs are incurred improperly or without reasonable cause, or are wasted by undue delay or by any other misconduct or default, and it appears that a lawyer is responsible, the Court or a Judge may, after giving the lawyer a reasonable opportunity to be heard, disallow the costs as between lawyer and client, direct the lawyer to repay to the client costs the client has been ordered to pay, or direct the lawyer to indemnify any party other than the client.
Rule 11(2) deems a lawyer responsible where a proceeding cannot conveniently proceed because of a failure to attend, to file any document that ought to have been filed, to be prepared with any proper submission, evidence or account, or to comply with any provision of these Rules or any judgment, order or direction.
Sources
- Supreme Court Rules 2012 — O 7 rr 19, 22, 45, 46; O 12 rr 1–4, 7, 11, 14, 15, 23–25
- Supreme Court Act (Chapter 37) — ss 3, 8, 12, 29, 31
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.