In certain cases, a right to costs on the standard basis arises even though the court does not make a specific order for costs. The occasions when this happens are under:

(i) CPR 3.7(4) (defendant’s right to costs where claim struck out for non payment of fees);
(ii) CPR 36.10(1) (claimant’s right to costs where he accepts defendant’s Part 36 offer); and
(iii) CPR 38.6 (defendant’s right to costs where claimant discontinues).

In any other case, where the court makes an order but does not mention costs, no party is entitled to costs in relation to that order (CPR 44.10(1)).

An appeal court may, unless it dismisses the appeal, make orders about costs of the proceedings in the lower court as well as the costs of the appeal (CPR 44.10(4)).

Where proceedings are transferred from one court to another, the court to which they are transferred may (subject to any order made by the transferring court) deal with all the costs, including the costs before the transfer (CPR 44.10(5)).

In a probate claim where a defendant has in his defence given notice that he requires the will to be proved in solemn form (as to which see CPR 57.7(5)), the court will not make an order for costs against the defendant unless it appears that there was no reasonable ground for opposing the will. The term “probate claim” is defined in CPR 57.1(2).