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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Published on: 20 November 2017
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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

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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