COSTER-MONGER (originally Costard-monger, a seller of costards, a species of large ribbed apple). The word “monger” is common, in various forms, in Teutonic languages in the sense of trader or dealer, and appears in “iron-monger” and “fish-monger,” and with a derogatory significance of petty or under-hand dealing in such words as “scandal-monger.” A “coster-monger,” or “coster,” originally, therefore, one who sold apples and fruit in the street, is now an itinerant dealer in fruit, vegetables or fish, but more particularly, as distinguished from a “hawker” on the one hand, and “general dealer” on the other, is a street trader in the above commodities who uses a barrow. The coster-monger’s trade in London, so far as it falls under clause 6 of the Metropolitan Streets Act 1867, which deals with obstruction by goods to footways and streets is subject to regulations of the commissioner of police. So long as these are carried out, coster-mongers, street hawkers and itinerant traders are exempted, by an amending act, from the liabilities imposed by clause 6 of the above act.
COSTS, a term used in English law to denote the expenses incurred (1) in employing a lawyer in his professional capacity for purposes other than litigation; (2) in instituting and carrying on litigation whether with or without the aid of a lawyer.
Solicitor and Client.—The retainer of a solicitor implies a contract to pay to him his proper charges and disbursements with respect to the work done by him as a solicitor. In cases of conveyancing his remuneration is now for the most part regulated by scales ad valorem on the value of the property dealt with (Solicitors’ Remuneration Order 1882), and clients are free to make written agreements for the conduct of any class of non-litigious business, fixing the costs by a percentage on the value of the amount involved. So far as litigious business is concerned, the arrangement known as “no cure no pay” is objected to by the courts and the profession as leading to speculative actions, and stipulations as to a share of the proceeds of a successful action are champertous and illegal. An English solicitor’s bill drawn in the old form is a voluminous itemized narrative of every act done by him in the cause or matter with a charge set against each entry and often against each letter written. Before the solicitor can recover from his client the amount of his charges, he must deliver a signed bill of costs and wait a month before suing.
The High Court has a threefold jurisdiction to deal with solicitors’ costs:—(1) by virtue of its jurisdiction over them as its officers; (2) statutory, under the Solicitors Act 1843 and other legislation; (3) ordinary, to ascertain the reasonableness of charges made the subject of a claim.
The client can, as a matter of course, get an order for taxation within a month of the delivery of the solicitor’s bill, and either client or solicitor can get such an order as of course within twelve months of delivery. After expiry of that time the court may order taxation if the special circumstances call for it, and even so late as twelve months after actual payment.
Costs as between solicitor and client are taxed in the same office as litigious costs, and objections to the decisions of the taxing officer, if properly made, can be taken for review to a judge of the High Court and to the Court of Appeal.
Litigious Costs.—The expenses of litigation fall in the first instance on the person who undertakes the proceedings or retains and employs the lawyer. It is in accordance with the ordinary ideas of justice that the expenses of the successful party to litigation should be defrayed by the unsuccessful party, a notion expressed in the phrase that “costs follow the event.” But there are many special circumstances which interfere to modify the application of this rule. The action, though successful, may be in its nature frivolous or vexatious, or it may have been brought in a higher court where a lower court would have been competent to deal with it. On the other hand the defendant, although he has escaped a judgment against him, may by his conduct have rendered the action necessary or otherwise justifiable. In such cases the rule that costs should follow the event would be felt to work an injustice, and exceptions to its operation have therefore been devised. In the law of England the provisions as to litigious costs, though now simpler than of old, are still elaborate and complicated, and the costs themselves are on a higher scale than is known in most other countries.
Except as regards appeals to the House of Lords and suits in equity, the right to recover costs from the opposite party in litigation has always depended on statute law or on rules made under statutory authority, “Costs are the creature of statute.” The House of Lords has declared its competence to grant costs on appeals independently of statute.