Podcast
Questions and Answers
What is the main purpose of the text?
What is the main purpose of the text?
- To outline the factors a court should consider when deciding whether to award costs (correct)
- To provide guidelines for successful parties to claim costs against unsuccessful parties
- To explain the process for parties to settle a civil dispute through mediation
- To discuss the general rules for awarding costs in civil proceedings
What is one factor the court must consider when deciding whether to award costs?
What is one factor the court must consider when deciding whether to award costs?
- The complexity of the legal issues involved
- The conduct of the parties during the proceedings (correct)
- Whether the successful party was represented by a lawyer
- The financial resources of the parties
What is the court required to do if it decides not to award costs to the successful party?
What is the court required to do if it decides not to award costs to the successful party?
- Refer the matter to a higher court for review
- Obtain agreement from both parties on the appropriate cost award
- Give reasons for the decision not to award costs (correct)
- Provide a detailed breakdown of the costs incurred by each party
Which of the following is not a factor the court must consider when deciding whether to award costs?
Which of the following is not a factor the court must consider when deciding whether to award costs?
What is the significance of a party making an offer to settle the matter before the proceedings?
What is the significance of a party making an offer to settle the matter before the proceedings?
What is the significance of the court inviting the parties to engage in settlement discussions or mediation?
What is the significance of the court inviting the parties to engage in settlement discussions or mediation?
Which of the following best describes the overall approach taken in the text?
Which of the following best describes the overall approach taken in the text?
What is the primary focus of the text?
What is the primary focus of the text?
What must the trial judge consider when making a decision?
What must the trial judge consider when making a decision?
In McKeown v.Crosby IECA 139, what did Noonan J consider?
In McKeown v.Crosby IECA 139, what did Noonan J consider?
According to Noonan J's conclusion, in what circumstances might the court properly consider exercising its discretion?
According to Noonan J's conclusion, in what circumstances might the court properly consider exercising its discretion?
What type of order did the court make in the appeal at para 25?
What type of order did the court make in the appeal at para 25?
Under which section were the defendants awarded additional costs for defending the case in the High Court?
Under which section were the defendants awarded additional costs for defending the case in the High Court?
What should happen when the costs of each party are adjudicated?
What should happen when the costs of each party are adjudicated?
'None such arose in the particular case' implies that:
'None such arose in the particular case' implies that:
'Surplus balance paid to the party entitled thereto' suggests:
'Surplus balance paid to the party entitled thereto' suggests:
When can the Defendant top up a lodgment without leave?
When can the Defendant top up a lodgment without leave?
What is the general rule regarding lodgments and admission of liability?
What is the general rule regarding lodgments and admission of liability?
In which type of claim must liability be admitted for a lodgment to be made?
In which type of claim must liability be admitted for a lodgment to be made?
What change did the Defamation Act 2009 introduce regarding lodgments in defamation claims?
What change did the Defamation Act 2009 introduce regarding lodgments in defamation claims?
According to RSC Order 22 Rule 1A, when can a Defendant make a lodgment in an action for damages for defamation?
According to RSC Order 22 Rule 1A, when can a Defendant make a lodgment in an action for damages for defamation?
Which court order governs lodgments in the Circuit Court?
Which court order governs lodgments in the Circuit Court?
Which types of claims are included in the section mentioned in the text?
Which types of claims are included in the section mentioned in the text?
Which of the following cases is NOT mentioned in the text?
Which of the following cases is NOT mentioned in the text?
What is the purpose of Section 17(5) of the Courts Act 1981 (as amended)?
What is the purpose of Section 17(5) of the Courts Act 1981 (as amended)?
How is the amount of additional costs determined under Section 17(5)?
How is the amount of additional costs determined under Section 17(5)?
What change was introduced by the Courts and Civil Law (Miscellaneous Provisions) Act 2013 regarding Section 17(5)?
What change was introduced by the Courts and Civil Law (Miscellaneous Provisions) Act 2013 regarding Section 17(5)?
For proceedings commenced after February 3, 2014, what is the new monetary limit for determining whether Section 17(5) applies?
For proceedings commenced after February 3, 2014, what is the new monetary limit for determining whether Section 17(5) applies?
Under what circumstances can a case be brought in the High Court without the risk of additional costs under Section 17(5)?
Under what circumstances can a case be brought in the High Court without the risk of additional costs under Section 17(5)?
What type of cases are excluded from the application of Section 17(5) regarding additional costs?
What type of cases are excluded from the application of Section 17(5) regarding additional costs?
What is the purpose of the 'special certificate' mentioned in the text?
What is the purpose of the 'special certificate' mentioned in the text?
Which court has the lowest monetary jurisdiction for civil cases?
Which court has the lowest monetary jurisdiction for civil cases?
What was the client most embarrassed and upset about?
What was the client most embarrassed and upset about?
What does the text state about the allegation against the client?
What does the text state about the allegation against the client?
How many times did the client have to attend his G.P. due to the trauma of the incident?
How many times did the client have to attend his G.P. due to the trauma of the incident?
What is the client unable to determine?
What is the client unable to determine?
What will happen if the solicitors do not receive an admission of liability from one of the parties?
What will happen if the solicitors do not receive an admission of liability from one of the parties?
What will happen if Squeaky Clean Security Company Limited is not held liable and the claim against them is dismissed with costs?
What will happen if Squeaky Clean Security Company Limited is not held liable and the claim against them is dismissed with costs?
What does the text state about the importance of the issue of costs in litigation?
What does the text state about the importance of the issue of costs in litigation?
What does the text state is vital in practice regarding the incidence of costs?
What does the text state is vital in practice regarding the incidence of costs?
