Q&As

Following judgment of a hearing where the court has ordered for the appellant to pay the respondents costs, subject to detailed assessment if not agreed, and has also ordered that the appellant pay to the respondent a sum of money on account of such costs, can the respondent keep the on account payments that it has received, does the matter need to go before a costs judge to determine the precise amount of the costs, or will a consent order be needed to keep the on account payments?

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Published on: 12 October 2018
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Keeping on account payments

CPR 44.2(8) states that 'where the court orders a party to pay Costs subject to Detailed assessment, it will order that party to pay a reasonable amount on account of costs, unless there is good reason not to do so'.

It does not state whether the Respondent can keep the money that has been paid under the payment on account of costs order. The purpose of such order is to ensure that a party maintains a cashflow pending detailed assessment of costs which is a process which

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Jurisdiction(s):
United Kingdom
Key definition:
Appellant definition
What does Appellant mean?

A person who is appealing against a decision of the court.

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