Explanation of what costs are and how they are awarded


In all litigations the consumer’s lawyer should have sufficient knowledge to assess, not only the costs of the case but also adverse costs, which are likely to be incurred should you lose the case. In the throes of litigations, the court will also require costs budgets to ensure all parties are fully abreast of their forward liabilities and those costs they might face should they lose their case.

When discussing costs, the subject is more important than a consumer thinks, costs can change:

  • due to the complexity of the migration issues

  • they may rise as more and more litigants join a group or depend upon your actions in the case

  • the consumer could suffer penalties imposed by the court, if a consumer’s conduct is brought into question, and proved to be contrary to the rules and practice directions of the court.

  • if the trial judge believes that the costs are not reflecting the required work that is necessary, or that a consumer has caused an escalation of the costs because of too many engagements with the lawyers, then that judge can reduce the costs the consumer claims to a more recognisable and equitable figure.

Thus, it is always a requirement to monitor costs and ensure they reflect that the time spent was necessary. As LCF will have an interest in the costs element of the case, LCF will monitor the costs incurred and hopefully assist in limiting those costs so that the case costs are fully managed.