When a court makes a costs order, it doesn’t always wait to see who wins the case overall. An order for “costs in any event” is one of the clearest costs orders a court can make: it fixes who is liable to pay the costs of a specific hearing or application, regardless of what happens later in proceedings.

For solicitors advising on litigation risk, understanding this distinction is incredibly important, as it changes when a client can expect to recover, or have to pay, costs incurred at an earlier stage.

What Is a “Costs in Any Event” Order?

A costs in any event order settles the question of costs there and then. The party in whose favour the order is made is awarded costs in any event, entitled to recover the costs of preparing for and attending that hearing or application, win or lose the wider case. There’s no need to wait for a decision about costs at the conclusion of proceedings; the point is decided immediately.

This differs from most costs orders, which are usually tied in some way to the eventual outcome of the litigation. A costs in any event order isolates one part of the proceedings and deals with it as a discrete issue.

How Does It Differ From Other Costs Orders?

It’s easiest to understand costs in any event alongside the other orders a court might make at the same stage.

Costs Reserved – the court makes no decision at that point. The question is left open, usually to be dealt with as part of the final costs order once the case concludes. Read our guide to what costs reserved means for more detail. Costs in any event does the opposite: it removes any uncertainty by making an immediate standalone decision.

Costs in the case – An order for costs in the case links the costs of that application to the final outcome – whichever party ultimately succeeds in the litigation as a whole will also recover the costs of that earlier step. Costs in any event break that link entirely.

Costs Thrown Away – Costs thrown away arise where a procedural step is set aside; the party who caused it may be ordered to pay the costs incurred as a result. Its narrower, conduct-driven order rather than a general allocation of costs for attending any hearing.

When Do Courts Make a Costs in Any Event Order?

Courts tend to make this order where the outcome of a particular application is clear-cut and unrelated to the merits of the wider case – for example, where one party has caused unnecessary delay, failed to comply with a court order, or made an application that was always going to succeed or regardless of who wins at trial.

Because the order takes effect immediately, it is often used where it would be unfair to make the receiving party wait until the hearing at which the judgment on the substantive dispute is finally given.

What Does the Order Cover?

A costs in any event order typically covers costs incurred in preparing for and attending the hearing or application itself. This can include:

• Solicitors’ time spent on preparation and attendance
• Counsel fees, where instructed
• Court fees associated with the application
• Any other costs directly and reasonably incurred in connection with that hearing

As with any costs order, the amount still needs to be assessed if it isn’t agreed, either by summary assessment at the hearing itself, or by detailed assessment later, in the same way as other costs orders.

Costs in Any Event and the General Rule

The general rule under CPR 44.2 is that the unsuccessful party will be ordered to pay the costs of the successful party at the conclusion of proceedings. Costs in any event is best understood as an exception the court applies to a specific part of the proceedings, rather than a departure from the general rule as a whole, it simply brings forward the point at which liability is decided for that one issue.

This means a party could still recover costs in any event of an interim application even if they go on to lose the case overall, and could equally be liable for costs in any event of an application even if they ultimately win.

Commonly Asked Questions

Does costs In any event mean I have to pay immediately?

Not necessarily in cash terms, but liability is fixed at that point rather than depending on the outcome of the wider case.

Can a costs in any event order be changed later?

Generally no. Once the court orders costs in any event, that liability is settled and wont be revisited, even if the wider proceedings later go the other way.

What’s the difference between costs in any event and costs in the case?

Costs in the case follows the final outcome of the litigation. Costs in any event is decided immediately and doesn’t depend on who wins overall.

How Greener Costs Can Help

Our team of costs lawyers and costs draftsmen regularly advises solicitors and their clients on costs orders, including costs in any event and other types of costs orders that arise during interim applications.

If you’d like advice on a costs order made in your case, get in touch with the Greener Costs team via info@greenercosts.co.uk or by filling out our enquiry form at the bottom of this page today for a free, no-obligation discussion.