Q&As

Where a costs order is made on a joint and several liability basis against multiple defendants, how should that costs order be paid? Each defendant individually pro rata or one defendant who then recovers from all the other defendants?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on: 08 August 2017
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This Q&A considers the status of a costs order which is made against multiple parties on a joint and several basis, and the principle of contribution claims in respect of a joint and several debt.

Status of costs orders and enforcement by receiving party

The status of an order to pay an amount in respect of costs has the status of a money judgment—see section 17 of the Judgments Act 1838 and section 74 of the County Courts Act 1984 regarding interest, and CPR 70.1(2)(d) regarding enforcement. Of course, many costs orders take the form of an order in principle with the amount to be assessed if not agreed. Such orders, lacking a fixed amount, do not have the same status.

Where multiple parties are obliged to pay a specified amount on a joint and several basis,

Jonathan Edwards
Jonathan Edwards chambers

Barrister, Radcliffe Chambers

Jonathan Edwards practises at Radcliffe Chambers in Lincoln’s Inn. He specialises in contested probate, claims to trust and estate assets, claims for partnership and estate accounts, property litigation including landlord and tenant, and insolvency and commercial disputes.

He is regularly instructed to represent clients in the High Court and County Court, and has been instructed to assist with proceedings in Jersey. Cases in which he has acted include Taylor v Taylor [2017] EWHC 1080 (Ch) and Burki v Seventy Thirty Limited [2018] EWHC 2151 (QB).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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