How Are Litigation Costs Determined?

Costs are not a single item

Litigation costs may include filing and court fees, service, experts or interpreters, witness expenses, obtaining documents and records, and lawyers’ fees. Fees vary by claim value and procedural step.

How court fees are calculated

Court fees are fixed by the Court Fees Rules and current schedules. The amount claimed, type of proceedings, interim applications, number of services and any appeal affect the total. The schedule in force on the filing date should be used.

Does the successful party recover everything?

Although costs generally follow the event, recovery is neither automatic nor necessarily complete. The court retains discretion. Unnecessary steps, settlement offers, partial success, procedural misconduct and delay may affect the order.

Lawyer-client fees and party-and-party costs

The fee agreement between lawyer and client is distinct from costs ordered against the opposing party. The amount assessed or allowed by the court may not cover the client’s full contractual fee.

A useful initial budget

• Estimated court fees
• Likely expert and witness expenses
• Stages of legal fees
• Risk of an adverse costs order
• Separate costs of appeal or enforcement