Costs Order

[CYNthesys]

When a court orders costs against a litigant, but further orders that they are not to be enforced without leave of the court do any time limit apply.

[natweststaffmember]

Re: Costs Order

are we talking this?

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See also Practice Direction 43–48
Part 48 COSTS – SPECIAL CASES

Contents of this Part Title Number I COSTS PAYABLE BY OR TO PARTICULAR PERSONS Pre-commencement disclosure and orders for disclosure against a person who is not a party Rule 48.1 Costs orders in favour of or against non-parties Rule 48.2 Amount of costs where costs are payable pursuant to a contract Rule 48.3 Limitations on court’s power to award costs in favour of trustee or personal representative Rule 48.4 Costs where money is payable by or to a child or protected party Rule 48.5 Litigants in person Rule 48.6 Costs where the court has made a group litigation order Rule 48.6A II COSTS RELATING TO SOLICITORS AND OTHER LEGAL REPRESENTATIVES Personal liability of legal representative for costs – wasted costs orders Rule 48.7 Basis of detailed assessment of solicitor and client costs Rule 48.8 Omitted Rule 48.9 Assessment procedure Rule 48.10
(The definitions contained in Part 43 are relevant to this Part)

I COSTS PAYABLE BY OR TO PARTICULAR PERSONS

Pre-commencement disclosure and orders for disclosure against a person who is not a party

48.1

(1) This paragraph applies where a person applies –
(a) for an order under –
(i) section 33 of the Supreme Court Act 19811; or

(ii) section 52 of the County Courts Act 19842,

(which give the court powers exercisable before commencement of proceedings); or

(b) for an order under –
(i) section 34 of the Supreme Court Act 19813; or

(ii) section 53 of the County Courts Act 19844,

(which give the court power to make an order against a non-party for disclosure of documents, inspection of property etc.).


(2) The general rule is that the court will award the person against whom the order is sought his costs –
(a) of the application; and

(b) of complying with any order made on the application.


(3) The court may however make a different order, having regard to all the circumstances, including –
(a) the extent to which it was reasonable for the person against whom the order was sought to oppose the application; and

(b) whether the parties to the application have complied with any relevant pre-action protocol.




Costs orders in favour of or against non-parties

48.2

(1) Where the court is considering whether to exercise its power under section 51 of the Supreme Court Act 19815 (costs are in the discretion of the court) to make a costs order in favour of or against a person who is not a party to proceedings –
(a) that person must be added as a party to the proceedings for the purposes of costs only; and

(b) he must be given a reasonable opportunity to attend a hearing at which the court will consider the matter further.


(2) This rule does not apply –
(a) where the court is considering whether to –
(i) make an order against the Legal Services Commission;

(ii) make a wasted costs order (as defined in 48.7); and


(b) in proceedings to which rule 48.1 applies (pre-commencement disclosure and orders for disclosure against a person who is not a party).




Amount of costs where costs are payable pursuant to a contract

48.3

(1) Where the court assesses (whether by the summary or detailed procedure) costs which are payable by the paying party to the receiving party under the terms of a contract, the costs payable under those terms are, unless the contract expressly provides otherwise, to be presumed to be costs which –
(a) have been reasonably incurred; and

(b) are reasonable in amount, and the court will assess them accordingly.

(The costs practice direction sets out circumstances where the court may order otherwise)

(2) This rule does not apply where the contract is between a solicitor and his client.



Limitations on court’s power to award costs in favour of trustee or personal representative

48.4

(1) This rule applies where –
(a) a person is or has been a party to any proceedings in the capacity of trustee or personal representative; and

(b) rule 48.3 does not apply.


(2) The general rule is that he is entitled to be paid the costs of those proceedings, insofar as they are not recovered from or paid by any other person, out of the relevant trust fund or estate.

(3) Where he is entitled to be paid any of those costs out of the fund or estate, those costs will be assessed on the indemnity basis.



Costs where money is payable by or to a child or protected party

48.5

(1) This rule applies to any proceedings where a party is a child or protected party and –
(a) money is ordered or agreed to be paid to, or for the benefit of, that party; or

(b) money is ordered to be paid by him or on his behalf.

(‘Child’ and ‘protected party’ have the same meaning as in rule 21.1(2)

(2) The general rule is that –
(a) the court must order a detailed assessment of the costs payable by, or out of money belonging to, any party who is a child or protected party; and

(b) on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless –
(i) the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii) the costs are payable in proceedings to which Section II of Part 45 applies.



(3) The court need not order detailed assessment of costs in the circumstances set out in the costs practice direction.

(4) Where –
(a) a claimant is a child or protected party; and

(b) a detailed assessment has taken place under paragraph (2)(a), the only amount payable by the child or protected party is the amount which the court certifies as payable.

(This rule applies to a counterclaim by or on behalf of a child or protected party by virtue of rule 20.3)



Litigants in person

48.6

(1) This rule applies where the court orders (whether by summary assessment or detailed assessment) that the costs of a litigant in person are to be paid by any other person.

(2) The costs allowed under this rule must not exceed, except in the case of a disbursement, two-thirds of the amount which would have been allowed if the litigant in person had been represented by a legal representative.

(3) The litigant in person shall be allowed –
(a) costs for the same categories of –
(i) work; and

(ii) disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person's behalf;

(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

(c) the costs of obtaining expert assistance in assessing the costs claim.


(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be –
(a) where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.


(5) A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

(6) For the purposes of this rule, a litigant in person includes –
(a) a company or other corporation which is acting without a legal representative; and

(b) a barrister, solicitor, solicitor’s employee or other authorised litigator (as defined in the Courts and Legal Services Act 19906 who is acting for himself."




Part 48.6

source:PART 48 - COSTS SPECIAL CASES - Ministry of Justice

[CYNthesys]

Re: Costs Order

Thanks NWSM, but I dont think this covers what I'm looking for.

In cases where there is no judgement debt, but just an order for costs, Im trying to find out if an application for enforcement of the costs is subject to any limitation period.

Im wondering if enforcement of a costs order is statute barred after 6 years.

[Paule]

Re: Costs Order

Surely if you are due costs from the other party, you would want them immediately, ie not letting it go on for over 6 years anyway.

The way i read your initial post is that, costs must be paid, but if they are not paid you must go back to the court to get an application for enforcement, presumably court bailiffs etc

[CYNthesys]

Re: Costs Order

Its the other way round PK
Costs order made against claimant in favour of Bank, almost 6 years have passed and bank hasn't made any application to enforce. My gut feeling is that a costs order would probably be treated the same way as a charging order, ie time would only start to run when an application to enforce is made, as opposed to when the initial costs order was made.

[Paule]

Re: Costs Order

Hmm, interesting question
I ask someone who may know

[ed.]

Re: Costs Order

If it helps I've found nowt tonight on this.

Logic would say an order of the Court isn't time specific, but I can't even find anything that confirms that lol

Can we have an easier question next time please Cyn PMSL

[enaid]

Re: Costs Order

Not sure if this is any use to you Cyn.


a small amendment which they say was made in 1995 to the Limitations Act, stating that "Action" (i.e. a claim/proceedings) could not be bought forward after a six year period but that the "Execution" (i.e. the recovery) of judgement orders could.

[CYNthesys]

Re: Costs Order

Thanks Enaid

The only thing Ive found so far seems to contradict that. Its on the Europa website, and says:-

An application for an Enforcement Order must be made within six years from the date of the judgment order or decree.

[enaid]

Re: Costs Order

I think the best people to answer this would be the Ministry of Justice.
There is every Q&A on here PART 44 - GENERAL RULES ABOUT COSTS - Ministry of Justice except yours lol.
I think they should know for sure though.
Enaid x