Are Cost Order treated like CCJ money debt??

[rickierich]

I have a cost order against me, that was used to stay a claim. County Court Judgements only last 6 years, so if the cost order is the same as a county court debt it ends in 2021. Then the claim with a late defence might get that defence struckout. I would like to know if I should even think about paying the debt. A barrister or solicitor would know if the cost order would still be valid. I happy to wait, but I am not sure about limitations and things like that. stayed claim started in 2017 and the cost order used to stop it is 2015 mentioned earlier.

[Amethyst]

Yes, a costs order is subject to s24 Limitations Act, If it was enforceable when the order was made, and wasn't reliant on the case concluding / assessment etc ( in which case the clock only starts at that point) ... I'm not sure I understand what the situation with the actual case is - there was a costs order in 2015 but the claim started in 2017 ? or the claim was stayed in 2015 and the stay was lifted in 2017 ?

I'll tag pt2537 but if you could explain a bit about what the costs order is, how it related to the claim being stayed etc.

[rickierich]

Yes, a costs order is subject to s24 Limitations Act, If it was enforceable when the order was made, and wasn't reliant on the case concluding / assessment etc ( in which case the clock only starts at that point) ... I'm not sure I understand what the situation with the actual case is - there was a costs order in 2015 but the claim started in 2017 ? or the claim was stayed in 2015 and the stay was lifted in 2017 ?

I'll tag pt2537 but if you could explain a bit about what the costs order is, how it related to the claim being stayed etc.

one claim concluded with a cost order out of my favour in 2015 and then there was another claim started by me in 2017. The barrister successful stayed that claim using the cost order of 2015, which is a major human rights issue but it is done now and I can not do anything about it.

So the cost order will run out in 2021 that is great, now the other question is the new claim of 2017 as it is stayed by the defendants am I still going to get 8% interest when I restart it on 2021 going back to the original date. or will the claim of 2017 that has been stayed run out as well. Are there limitation rules that lead to the 2017 stayed claim running out.

[Amethyst]

How does the costs order from 2015 relate to the claim you brought in 2017 ? Same defendant ? Same cause of action? On what grounds is the 2017 claim stayed ? ( why stayed and not dismissed ?)