In litigation, no party has a right to costs. Costs are in the discretion of the court. If, however, the court sees fit to make an order as to the costs of the litigation, the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party (CPR 44.2(2)(a)). The court may make an order for costs which reflects the extent to which each party has been successful in relation to different issues.

Costs as between legal representative and client are payable to the legal representative according to the terms of any contract he has made with the client or, alternatively, in the case of a legally aided client, according to the legal aid regulations.