Facing Strike-Out Application Due to Unpaid Costs

[Sam456]

Hello,
I am the claimant in a libel case where the court ordered me to pay the defendant’s costs, amounting to £5000 after the preliminary issue trial, the case is still ongoing as the court found I was defamed even though I was not the overall winner at the preliminary stage .The defence is currently appealing the finding of the court .To date, I have only managed to pay £100, leaving an outstanding amount of £4900. The defendant has filed an application to strike out my claim due to my failure to comply with the cost order.

Given my partial payment and the cited financial constraints, what are the chances that the defendant’s application to strike out my claim will succeed? What factors will the court consider when deciding on this strike-out application?

Is it too late to file for a variation of the judgment regarding the cost order after 21 days ? What is the process and likelihood of success for requesting a variation due to financial hardship?

I have genuine financial constraints that have prevented full compliance with the cost order. Detailed evidence of these financial constraints can be provided. I have proposed a feasible payment plan, including an initial lump sum payment of £100 and regular monthly installments of £75, reflecting my financial situation.

I am looking for advice on how to effectively oppose the strike-out application and present my financial situation convincingly to the court.

Any guidance or recommendations on these matters would be greatly appreciated. Thank you in advance for your assistance.

[atticus]

Cases can be stayed or struck out for non-payment of costs ordered in interim hearings.

You are out of time to appeal the costs order.

Without knowing more about the preliminary hearing, the rulings made, and why a costs order was made against you, it is not possible to give useful advice on how to challenge the order.