Costs orders—payment and enforcement
Produced in partnership with David Willink of Lamb Chambers
Costs orders—payment and enforcement

The following Dispute Resolution guidance note Produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Costs orders—payment and enforcement
  • Payment of a costs order—if the court order includes a time limit
  • Payment of a costs order—if the court order does not include a time limit
  • Expression and calculation of time periods for the payment of costs orders
  • Enforcement of costs order
  • Can unless orders be used to enforce costs orders?
  • Stay of enforcement of a costs order
  • Setting aside a stay of execution of a costs order
  • Stay of costs orders pending appeal
  • Extension of time to pay a costs order vs deferral of liability to pay

This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers the enforcement of a costs order.

This Practice Note does not cover enforcement generally, or detailed or summary assessment of costs. Guidance on these matters can be found in the following subtopics:

  1. Summary assessment

  2. Detailed Assessment

Payment of a costs order—if the court order includes a time limit

CPR 44.2(1) provides the court with a general discretion as to costs. For guidance, see Practice Note: Cost orders—the general rule and the court's discretion. As well as a discretion as to whether the costs of one party are payable by another and the amount of those costs, this includes a discretion as to when those costs are to be paid. In practice, it is usual for the court to specify the time within which payment must be made when ordering the payment of a sum in respect of costs.

Payment of a costs order—if the court order does not include a time limit

If the court makes no order as to the time for payment, CPR 44.7 sets out default provisions. These provide that a party must comply with