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Review Your SQE 1 Practice Records

Examination Timing: 00H01M42S

Jonathan, a claimant, is successful in an application for summary judgment against a defendant named Edward. The court is highly critical of Edward's defence and accepts Jonathan's arguments that Edward had only entered a defence to waste Jonathan's time and money. Which of the following best describes how the court will deal with the parties' legal costs?

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In cases where there is a clear winner in an application for summary judgment, the court generally follows the principle that the loser pays the winner's costs. This is especially true when the court is critical of the defendant's conduct, as in this scenario with Edward. Therefore, the court will likely order Edward to pay Jonathan's costs. Option D is incorrect because the court has discretion to make costs orders even in interim applications, not just at trial. Option A is incorrect because the court has the discretion to make a costs order regardless of whether the matter proceeds to full trial. Option B is incorrect because a conditional costs order involves conditions on the defendant, which are not present here. Option E is incorrect as wasted costs orders are made against legal representatives, not parties, for significantly poor conduct of proceedings. 


Key Point: The court has discretion to award costs in interim applications, and will usually order the losing party to pay the winning party's costs, particularly when the losing party's conduct is criticised.

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