Can I get my costs back if we win? The normal position with litigation is that if you succeed at trial you should receive an Order that the other party pays your costs. You would normally receive between 60-80% of your costs. There are types of offer that you can make before trial which if are not accepted by the other party, can increase your level of costs recovery to 80-90% if you then win at trial. The Court has a discretion as to whether to award costs to the successful party. If a party’s conduct is poor during the case, it could decide to award no costs to the successful party or even to award costs to the unsuccessful party. In practice this is very rare. The court will take into account the parties efforts to negotiate or mediate a settlement throughout the case, as well as offers made before trial when determining a suitable costs award.