UKSC 39
On appeal from:  EWCA Civ 1513
BPE Solicitors and another (Respondents) v Gabriel (Appellant)
JUDGMENT GIVEN ON
17 June 2015
Heard on 20 April 2015
(Instructed by Ross & Co Solicitors LLP)
Roger Stewart QC
(Instructed by Beale & Company)
LORD SUMPTION: (with whom Lord Mance, Lord Carnwath, Lord Toulson and Lord Hodge agree)
"Orders for costs
46.- (1) The court may make such orders as it considers just in respect of the costs of any appeal, application for permission to appeal, or other application to or proceeding before the court.
(2) The court's powers to make orders for costs may be exercised either at the final determination of an appeal or application for permission to appeal or in the course of the proceedings."
The question which the trustee wishes to have decided is not among the substantive issues on the appeal, but it is a question which will have to be decided at some stage of the proceedings if the court is to perform its duty to determine the incidence of costs. If an order for costs may be made at any stage of the proceedings, it is clear that a decision on a question of principle arising in relation to costs may be made at any stage.
The question of principle