Who Pays Whose Costs?
The first thing the judge has to decide is who should pay whose costs. This might sound simple but is not. The judge may decide one party is entitled to costs up to a certain date and the other party is entitled to their costs after that date. However, there may also be more than 2 sets of parties and more than 1 case being dealt with at the same time. All of a sudden the options start to multiply.
The costs will normally "follow the event", but if the "winning" party has put forward an inflated claim the judge could decide they should not recover the costs of those issues or the other side should recover their costs on the issues that were lost (an "issues" order) or even reduce the costs by a percentage (a "percentage" order) to reflect this. The same solution may arise where the judge feels that one or other party has acted improperly and thereby increased the overall costs.