Trial, judgment & costs
At trial the court hears the evidence, gives judgment and decides who pays the costs. SQE1 tests trial preparation, the general rule on costs, the bases of assessment and the special costs regimes such as QOCS.
What "Trial, judgment & costs" covers
- Trial preparation includes an agreed trial bundle, skeleton arguments, and ensuring witnesses and experts attend; the judge controls the timetable.
- The general rule is that the unsuccessful party pays the successful party's costs, but the court has a wide discretion and may reflect the parties' conduct and partial success (CPR 44.2).
- Costs are assessed on the standard basis (proportionate, with doubt resolved in favour of the paying party) or the indemnity basis (doubt resolved in favour of the receiving party, without a proportionality test) (CPR 44.3).
- Costs may be assessed summarily at the hearing (common in the fast track) or by detailed assessment later (CPR 47).
- In personal injury claims, Qualified One-Way Costs Shifting generally protects an unsuccessful claimant from paying the defendant's costs (CPR 44.13-16).
- The court may order interest on costs and on the judgment sum, and an approved costs budget will strongly influence the recoverable costs on the standard basis.
- The successful party's costs are subject to the indemnity principle — a party cannot recover more than it is liable to pay its own solicitor.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For trial, judgment & costs, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing the standard basis (doubt for the paying party, proportionality applies) with the indemnity basis (doubt for the receiving party, no proportionality test).
- Applying QOCS outside personal injury litigation, where it does not apply.
- Treating 'costs follow the event' as an absolute rule rather than the general rule subject to the court's discretion and conduct.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on trial, judgment & costs.
FAQ
Is trial, judgment & costs tested on SQE1?
Yes — trial, judgment & costs is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is trial, judgment & costs examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR 44.2 (court's discretion as to costs), CPR 44.3 (bases of assessment)) helps.