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Sadly that is not relevant to whether costs are payable.
The rule is if you lose you pay the other side costs.
It then come down to quantum. If you disagree with the sums claimed then it would be subject to detailed assessment.
It would go before a costs judge who would decide how much to pay.
But inability to pay is not the test.
I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clairfy anything for you about this today please?
It can be a factor, but is not the determining factor. The parties should consider Court as the last option and try and resolve the matter themselves.
So if the other party refuses mediation or any attempts at settlement and wins, it then goes to the QUANTUM of costs.
Does that clarify?
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