Costs

Costs, in the technical sense of the word, are the expenses incurred by parties in legal proceedings. Particular importance attaches to the principle and practice of costs, since, though in themselves incidental and subordinate to the main cause of action or suit, it often happens that they become a chief object of contention. Costs between solicitor and client are those which the client always has to pay his solicitor whether such client be successful or otherwise, and over and above what the solicitor gets from the opposing party in case of such party having lost the action. Costs as between party and party are those which the defeated party has to pay to the successful party, as a matter of course. Costs of and incident to all proceedings in the High Court are now in the discretion of the court, but there is a saving for the right of a trustee, mortgagee, or other person to costs out of a particular estate or fund, and it is also provided that where any action is tried by a jury, the costs shall follow the event unless the judge by whom such action is tried or the court shall, for good cause, otherwise order. Costs of any kind are subject to taxation by appointed officers. As regards costs between solicitor and client, if more than a sixth of the amount of the bill be taken off, the solicitor has to pay the whole costs of such taxation.