Reasons for costs orders

Lavelle v Lavelle and others CA TLR 9 March

At the end of the hearing, the judge concluded that there should only be a modest departure from the usual rule that costs follow the event, but no note was kept of the judge’s reasons for the order he had made. The costs were dealt with at the end of a long day and the reasons were perfunctory. Costs are important, particularly where they are disproportionate to what is at stake. Judges have to be sure that their reasons for costs orders were clear: they should not be left to inference, albeit it is often possible to infer the reasons.