Costs

The general principle was that there would be cases where the court might properly exercise its discretion and make an order for one party to pay costs under CPR 44.3 if, having regard to all the circumstances, the conduct of a party in relation to disclosure justified that order. It was only generally in cases where there had been a mistake or error which had had significant consequences in terms of time and cost that the court would generally make an order for wasted costs.