‘Costs in the application’ usually appears as a provision at the end of a set of directions made by the judge during the course of a case. Most cases don’t go straight to a final hearing – there is at least one ‘directions appointment’ along the way.

‘Costs in the application’ means:

“At this stage I’m not ordering either party to pay the other’s costs of today’s directions appointment. If, at the end of the case, a costs order is made, then the costs of today are to be included in the costs which the paying party must pay (or pay a proportion of)”.