Order 59 Rule 3

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P.U.

(A)

(2) Subject to the express provisions of any written law and of these Rules, the
costs of and incidental to proceedings in the Court, shall be in the discretion of the Court,
and the Court shall have full power to determine by whom and to what extent the costs
are to be paid.

When costs to follow the event (O. 59, r. 3)


3. (1) Subject to the following provisions of this Order, no party shall be entitled
to recover any costs of or incidental to any proceedings from any other party to the
proceedings except under an order of the Court.

(2) If the Court in the exercise of its discretion sees fit to make any order as to
the costs of or incidental to any proceedings, the Court shall, subject to this Order, order
the costs to follow the event, except when it appears to the Court that in the
circumstances of the case some other order should be made as to the whole or any part of
the costs.

Offer of contribution and offer of settlement (O. 59, r. 4)


4. The Court in exercising its discretion as to costs shall, to such extent, if any, as
may be appropriate in the circumstances, take into account—

(a) any such offer of contribution as is mentioned in Order 22B, rule 11,
which is brought to its attention in pursuance of a reserved right to do so;
and

(b) any offer of settlement under Order 22B, rule 1.

Costs arising from misconduct or neglect (O. 59, r. 5)


5. (1) Where in any cause or matter any thing is done or omission is made
improperly or unnecessarily by or on behalf of a party, the Court may direct that any
costs to that party in respect of it shall not be allowed to him and that any costs
occasioned by it to other parties shall be paid by him to them.

284

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