Order as to costs: explanation needed

Order as to costs: explanation needed

Author
Discussion

Cider Andy

Original Poster:

1,889 posts

225 months

Thursday 29th February
quotequote all
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.

OutInTheShed

7,605 posts

26 months

Thursday 29th February
quotequote all
IANAL, but I think it means the loser pays the winners, costs, but if the two parties don't agree what costs are reasonable, then a court order is needed to enforce payment of said costs?

MBVitoria

2,395 posts

223 months

Thursday 29th February
quotequote all
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.


jensenhealey2

162 posts

159 months

Friday 1st March
quotequote all
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.

Cider Andy

Original Poster:

1,889 posts

225 months

Wednesday 27th March
quotequote all
Thanks all, there's some useful information there.

Simpo Two

85,450 posts

265 months

Wednesday 27th March
quotequote all
When I won a case the judge simply asked me what my costs were. Being rather good at preparation I had them all written down; I read them out and he added them to the money due on the spot.