header-logo header-logo

Witness expenses

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll