Q&As

Where some co-defendants have failed to comply with a costs order to pay costs to the first defendant, what is the correct procedure to recover the costs? Is it to file a Part 20 claim?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 20/11/2017

The following Dispute Resolution Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Where some co-defendants have failed to comply with a costs order to pay costs to the first defendant, what is the correct procedure to recover the costs? Is it to file a Part 20 claim?
  • Status of costs orders
  • Enforcement between claimant and defendant
  • Enforcement between defendants
  • Conclusion

Where some co-defendants have failed to comply with a costs order to pay costs to the first defendant, what is the correct procedure to recover the costs? Is it to file a Part 20 claim?

Status of costs orders

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, for example. For enforcement purposes, it is CPR 70.1(2)(d) which makes this clear.

Enforcement between claimant and defendant

Where one party has claimed against another and a costs order is made or other money judgment is given as between these parties, there is no need to issue a Part 7 or Part 8 claim to enforce that order and to do so would be redundant. There are specific procedural rules governing the various enforcement applications that may be made, such as Part 73 concerning

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