Whatsapp

" IMPOSITION OF COST IMPOSITION OF COST IN CRIMINAL PROCEEDINGS Written By Zaffar Iqbal, Civil Judge 1st Class Research Officer Lahore High Court, Lahore LLM Punjab University "Costs" is a pecuniary allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending an action or a distinct proceedings within an action1. The Law Society of Prince Edward Island (1988) the Canadian Court of Appeal described costs as "the sum of money which the court orders one party to pay another party in an action as compensation for the expense of litigation incurred. The definition continues to the effect that costs are awarded as compensation (i.e. reimbursement); there is, unlike damages, no restitutio in integrum, that is no concept in costs as there exists in damages, that the injured person should be placed, in so far as money can do so, in the same position as he occupied before the injury was suffered."2 Halsbury's Law of England states that the court should have regard to the following circumstances while deciding the question of costs:3 "i) The conduct of all the parties; ii) Whether a party has succeeded on part of his case, even if he has not been wholly successful; and iii) Any payment into court or admissible offer to settle made by a party which is drawn to the court's attention. The conduct of the parties includes: (a) Conduct before as well as during the proceedings and in particular the extent to which the parties followed any relevant pre-action protocol; (b) Whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue; (c) The manner in which a party has pursued or defended his case or a particular allegation or issue; and (d) Whether a claimant…