Cost of proceedings

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

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

If proceedings are concluded without a formal decision, then the party regarding themselves as having "won” may request that a costs order be issued.

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.

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.

What are the costs involved?

Cost 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 and have discretion to determine the level of the award.

For example, if it can be demonstrated that:

• I launched proceedings against you with no warning, giving you no chance to negotiate or reach a compromise without legal proceedings then my award will be reduced.
  
  Or
• I acted unreasonably during the proceedings then the award can be adjusted to compensate you for the prejudice you suffered in prosecuting your case.