Q&As

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 19/10/2020

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

This Q&A assumes that none of the parties are a litigant in person, child or patient.

An order for costs is a judgment like any other. It therefore needs to be drafted in a way which makes it possible to understand its effect(s).

The general rules in CPR 40.3 for the drawing up and filing of orders apply.

In addition, CPR PD 44, para 9.4 specifically states that:

‘Where an application has been made and the parties to the application agree an order by consent without any party attending, the parties should seek to agree a figure for costs to be inserted in the consent order or agree that there should be no order for costs.’

If the purpose of the order for costs is to require one party to pay another party’s costs, that should be made clear. While it would be possible for a consent order to identify only the paying party, for example:

‘The Defendant do pay the costs of the claim…’

It is preferable for the receiving party to also be

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