england-and-wales landlord civil-procedure costs
Does the English rule apply to costs in possession claims?
<p>In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.</p>
<p>But suppose that the claim is instead struck out, while the defendant triumphs, but not without having to go through the burden of researching and preparing their defence, traveling to and from attending court, perhaps even instructing and paying a solicitor to represent them, fuel, and so forth.</p>
<p>Is a defendant entitled to compensation of their own expenses, efforts, and time, in the claim which they had ultimately shown to be invalid, whether through a conventional costs order against the claimant, or through any other separate mechanism, in line with the traditional convention of the English rule when it comes to a triumphant party’s costs in legal proceedings?</p>
<p>If the conventional “English rule” (as it’s been called) does not apply to possession proceedings, then why are they excepted from this otherwise rather general rule?</p>

<h2>Costs follow the event</h2>
<p>AFAIK, this applies in all civil proceedings except small claims and (some) tribunals.</p>
<p>However, the defendant’s (or plaintiff’s) personal time and expenses are not recoverable. So, if the defendant spends 2 hours briefing their lawyer, the lawyer’s cost is recoverable, the defendant’s isn’t.</p>
<p>For example, a case requires the defendant company to spend a week in Birmingham (from London) and they send 2 employees and 3 lawyers. Assuming that was a reasonable thing to do, the lawyer’s fees, accommodation, food and transport costs are recoverable, the employee’s aren’t.</p>
