- Debarring orders for non-payment of interim costs orders (Tonstate Group Ltd and others v Wojakovski)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Where a party fails to pay costs during ongoing litigation, one of the most powerful weapons in the court’s armory is to make a debarring order. Zacaroli J has considered this issue, and in doing so, he has confirmed the need for the defaulting party’s evidence to be ‘detailed, cogent and proper’, and has also confirmed that where the defaulting party seeks to rely on impecuniosity, they must prove that they have no means of raising the funds. Written by Dr Mark Friston, barrister, at Hailsham Chambers and general editor of ‘Friston on Costs’.
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