Thanks for clarification AMFM

It is not clear what type of adjudication is being considered to resolve the RC issue here and I bow to your professional knowledge that it can be deemed to be litigation of a type where costs are awarded.

From the layman's point of view though I was less than certain that costs were invariably awarded and I see that you qualify that with the comment "...will pretty much always have an order for costs".

It would still seem that a risk of non-recovery of costs arsing from the action remains, irrespective of how that risk or the costs may be assessed.

RC's frequently seem to be added to titles to protect the interests of the vendor. In my own case, disposal of the tranche of land in 1876 of which my plot forms a tiny part contained this piece of historic rubric, "...heirs or assigns will not at any time hereafter hold a fair or burn bricks or tiles or erect any noisome or offensive factory on any part of the said premises.

Not too much risk of us falling foul of that, but given that lawyers could not locate the original Title Deeds (we are talking mid-20th century here), it was only years later when the digitised titles were produced by the Land Registry did the presence of the RC's emerge.