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

The following Dispute Resolution practice 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
  • Expression of time limits
  • Calculation of time periods
  • Court’s discretion to allow time to pay
  • Payment by instalments
  • Enforcement of costs order
  • Costs subject to detailed assessment
  • More...

Costs orders—payment and enforcement

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 stays of and enforcement of a costs order.

For guidance on the ability of the court to deal with parties that fail to comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay.

This Practice Note does not cover either summary or detailed 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

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