49. Costs in the Court of Appeal and the Court of First Instance
(1) Subject to the provisions of these Regulations or any other ADGM enactment and to court procedure rules, the costs of and incidental to all proceedings in —
(a) the Court of Appeal; and
(b) the Court of First Instance,
shall be in the discretion of the Court.
(2) Court procedure rules may make provision for regulating matters relating to the costs of those proceedings including, in particular, prescribing scales of costs to be paid to legal or other representatives or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs.
(3) The Court shall have full power to determine by whom and to what extent the costs are to be paid, including, without limitation, the power to determine whether costs are to be paid on the standard or indemnity basis.
(4) In subsections (1) and (2) "proceedings" includes the administration of trusts.
(5) Nothing in subsection (1) shall alter the practice in insolvency.
(6) In any proceedings mentioned in subsection (1), the Court may disallow, or (as the case may be) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with court procedure rules.
(7) In subsection (6) "wasted costs" means any costs incurred by a party —
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(8) Where the Court exercises a power under sub-section (6) in relation to costs incurred by a party, it may inform any approved regulator as it considers appropriate.
(9) In this section:
(a) "legal or other representative", in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf; and
(b) “approved regulator” means a body authorised to regulate the admission, licensing and conduct of lawyers in a particular jurisdiction.