Cost of proceedings

At the conclusion of inter partes proceedings before us the "winning" party may make a claim for costs.

Costs awards in proceedings before us are contributory, not compensatory.

This means that the cost award is not going to cover all the costs of the proceedings and will only provide a contribution towards the costs of the "winning" party.

We use a published scale of costs (professional section) and have discretion to determine the level of the award.

Where parties negotiate a settlement, it is expected that they reach a decision between themselves as to costs and do not request the issue of a costs order.

If a formal decision is issued then this should include a statement as to the costs award.

We will invite the parties to comment on the request and then issue a preliminary view as to the level of the award. The parties may request a hearing if they regard the award as unfair in some way.

However:
if it can be demonstrated that proceedings were launched against you with no warning, giving you no change to negotiate or reach a compromise without legal proceedings then there will be no award of costs issued against you.

Or:
if the party acted unreasonably during the proceedings then the award can be adjusted to compensate you for the prejudice you suffered in prosecuting your case.