Party and party costs or solicitor and client costs

摘要

It is well known that in many cases the costs and expenses incurred by a party to the action may exceed the amount that is the subject of the action. There, in a number of cases, the successful party, who is entitled to receive only party and party costs, is left out of pocket. The desire of the party, who is the beneficiary of a costs order, is that the costs ordered to be paid by the other party be on a solicitor and client basis or, preferably, on an indemnity basis. Even where the order is for the payment of costs on a solicitor and client basis, there is no certainty that when taxed, it will cover all of the money that the benefiting party may have paid.