In the report these costs orders are called disciplinary and case management costs orders. The costs allocation rules should not prevent people with claims or defences that have merit from presenting their case properly or from negotiating a fair settlement. This is fundamental to equality before the law. The development, enforcement and administration of the law is enhanced by public interest litigation. The costs allocation rules should not impede these types of cases.
Legal costs are an important consideration when a party decides how to deal with a dispute.
Parties need to be able to estimate their exposure to costs when deciding to start or continue with litigation or some other form of dispute resolution. Accordingly, the costs rules must specify how costs are to be apportioned and set out any exceptions. Information about the amount and likely allocation of costs should be given to the parties both prior to and during legal proceedings. As a basic principle, where costs are to be shifted for all or a specified part of proceedings, a party who is awarded costs should be entitled to recover the reasonable costs that he or she has incurred in the course of the litigation. Reasonable costs are those costs reasonably required to prepare and conduct the litigation.