Costs

The court’s full power to determine by whom and to what extent the costs of any proceedings were to be paid under s 51(3) of the Senior Courts Act 1981 was to be read subject to the power of the rules committee to make rules of court applicable to particular circumstances that concerned the availability of an award of costs, the amount of such costs and the exercise of the court’s discretion in relation to costs. CPR 44.13 to 44.17 concerning QOCS were rules that the rules committee had been fully empowered to make.