There are no special costs rules for contempt motions; the usual principle that costs follow the event applies. Where a criminal contempt prosecution fails, the costs outcome is determined by reference to the charges actually brought, not by reference to civil contempts that may have been established but were not charged. The English authorities (EMI Records, Morgan v Carmarthen) concerning deterrence of contempt prosecutions relate to the basis of taxation for successful prosecutors, not to shielding unsuccessful prosecutors from adverse costs orders.
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