In majority of legal disputes, the general rule is that the “winning” party’s legal costs are paid by the “losing” party. These are inter parties costs. In recoveries between the parties, the receiving party bears the burden of proving their entitlement to costs to be paid by the paying party.
It is important to note that costs recoverable on this basis are subject to more specific rules than solicitor-client fees and most commonly only time claimed that is reasonable and proportionate to the matter in issue can be recovered. The costs will also be subject to what is known as the indemnity principle which means that recovery is limited only to costs that the party with the entitlement would have been liable to pay to their solicitor.
At Sentio Costs we pride ourselves on having vast experience in inter party costs assessments, routinely acting for both paying and receiving parties. So whether you are seeking to recover costs or liable to pay we can assist in maximising your position.