Order as to costs: explanation needed
Discussion
I'm helping a fellow layman who was the claimant in a county court case. The defendant won the case and was ordered costs. The order states
"The Claimant to pay the Defendant's costs to be assessed in default of agreement not to be enoforced without order of the Court".
What does this mean, exactly? As an order for costs has been made, what's the purpose of a further order?
Thanks.
"The Claimant to pay the Defendant's costs to be assessed in default of agreement not to be enoforced without order of the Court".
What does this mean, exactly? As an order for costs has been made, what's the purpose of a further order?
Thanks.
It's a special type of order made under the "Qualified one way costs shifting" regime in personal injury claims. Have a read:
https://www.hilldickinson.com/insights/articles/qu...
Generally, unless your friend has been "fundamentally dishonest" an order for payment of the costs can't be enforced.
https://www.hilldickinson.com/insights/articles/qu...
Generally, unless your friend has been "fundamentally dishonest" an order for payment of the costs can't be enforced.
Legal costs is a complicated subject. When a case is decided and order is made about who has to pay whom the costs, which is what happened in the case you are involved with. In your case the claimant has to pay costs to the defendant.
No liability to pay any money arises until the amount of costs has been quantified. This can be done either by agreement between the two parties or by a further court process to assess the amount of costs payable.
In your case, there is a further step, which is that even when the amount of costs is established, that amount is not payable until the court has considered the matter again and decided whether the sum agreed or awarded for costs should be paid.
No liability to pay any money arises until the amount of costs has been quantified. This can be done either by agreement between the two parties or by a further court process to assess the amount of costs payable.
In your case, there is a further step, which is that even when the amount of costs is established, that amount is not payable until the court has considered the matter again and decided whether the sum agreed or awarded for costs should be paid.
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