An order for costs (see 10th August) can be made against a party regardless of whether they are privately funded (i.e. paying their own legal costs) or in receipt of Public Funding. However if a judge makes an order for costs against a party in receipt of Public Funding the judge must then go on to decide how much of the costs the party is actually to pay.

They are two separate exercises: first, should either party be ordered to pay any of the other party’s costs? secondly, if a party is ordered to pay costs and that party is in receipt of Public Funding, how much can they actually afford to pay?

The second exercise does not take place if the party who has been ordered to pay costs is privately funded.