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Where the successful party has not succeeded on all issues, the court may make a proportionate costs order under CPR 44.2(6)(a), reducing the costs recoverable to reflect the issues on which it was unsuccessful.
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In assessing a proportionate costs order, the court should consider what costs are referable to each issue and what costs are common to several issues; it is often reasonable for the overall winner to recover not only the costs specific to the issues won but also the common costs.
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A party’s failure to file and serve a costs statement on time is a matter of conduct which the court may take into account under CPR PD 44 paragraph 9.6 when deciding what costs order to make.
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When making a summary assessment of costs, the court may adjust the final amount claimed to ensure it is proportionate, even where the costs schedule is modest, by considering factors such as the time claimed for preparation.
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The court may order a longer period for payment of costs where (as here) the paying party is a small business and the receiving party is a government department, to reflect their respective financial circumstances.
