header-logo header-logo

01 January 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
printer mail-detail

Witness expenses

Is there any limit on the expenses which can be awarded against an unsuccessful party?

Is there any limit on the expenses which can be awarded against an unsuccessful party for the travelling and accommodation expenses etc incurred by the successful party or its witnesses in attending a hearing? I have the cost of foreign travel particularly in mind.

No, subject to reasonableness and proportionality. Dealing with a case justly which parties are enjoined to do by CPR 1.1 involves, so far as practicable, saving expense and, in relation to proportionality, taking into account the amount of money involved in the claim, the importance of the case, the complexity of the issues and the financial position of each party.

These principles and the requirement for the parties to cooperate apply to costs as to every other aspect of a case and mean that consideration should be given to telephone or video-link evidence where a witness’s attendance at court would be expensive.

The likely expenses should also be made clear to the other side as early

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll