Where civil enforcement proceedings conclude by consent orders substantially in the terms sought by the applicant, this constitutes an effective surrender by the respondent and the applicant is entitled to the usual costs order unless there is disentitling conduct. This is distinct from cases where a supervening event removes the dispute, where ordinarily no costs order is made. The two-category framework synthesised at paragraph 80 provides a structured approach to costs applications in civil enforcement proceedings concluded without a hearing on the merits.
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