(a)on its own motion, make an order for costs to be paid by any party to any other party as the Court of Appeal or the General Division of the High Court thinks fit; or
Section history
Section 356 — Costs ordered by Court of Appeal or General Division of High Court
As in force on 14 May 2021.
Timeline 5 versions
(1)The Court of Appeal or the General Division of the High Court, in the exercise of its powers under Part XX, may —
(b)on the application of any party, make an order for costs, of such amount as the Court of Appeal or the General Division of the High Court thinks fit, to be paid to that party by any other party.
(2)Where the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by the prosecution to an accused, the Court of Appeal or the General Division of the High Court must be satisfied that the conduct of the matter under Part XX by the prosecution was frivolous or vexatious.
(3)Before the Court of Appeal or the General Division of the High Court makes any order for costs to be paid by an accused to the prosecution, the Court of Appeal or the General Division of the High Court must be satisfied that —
(a)the commencement, continuation or conduct of the matter under Part XX by the accused was an abuse of the process of the Court; or
(b)the conduct of the matter under Part XX by the accused was done in an extravagant and unnecessary manner.
(4)If the prosecution applies to the Court of Appeal or the General Division of the High Court for an order for the costs of any matter under Division 1B of Part XX to be paid by an accused to the prosecution on the ground that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court must state whether it is satisfied that the commencement, continuation or conduct of that matter by the accused was an abuse of the process of the Court.