Costs orders—payment and enforcement

Produced in partnership with David Willink of Lamb Chambers

Practice notes

Costs orders—payment and enforcement

Produced in partnership with David Willink of Lamb Chambers

Practice notes

This Practice Note deals with provisions for the payment of Costs orders, considers the differences depending on whether the costs order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers when a costs order can be enforced, whether a costs order can be stayed or deferred and whether a stay of execution of a costs order can be set aside. This Practice Note also considers whether an extension of time can be obtained to comply with a costs order.

For guidance on the ability of the court to deal with parties that fail to comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay.

Payment of a costs order—if the court order includes a time limit

CPR 44.2(1) provides the court with a general discretion as to costs. For guidance, see Practice Notes: Costs orders—the general rule and Costs orders—the court's discretion. As well as a discretion as to whether the costs of one party are payable

David Willink

Lamb Chambers

As a civil servant in the Lord Chancellor’s Department, now the Ministry of Justice, David gained extensive experience in government, including responsibility for civil law reform in the areas of contract, trusts and privacy & freedom of expression. He appeared before Select Committees in both Houses of Parliament, and represented the UK in Brussels, Luxembourg, Strasbourg and Salzburg. He was responsible for the defence of domestic libel law in Steel & Morris v United Kingdom [2005] ECHR 103 (‘McLibel’). He also held responsibility for advice on appointments to Queen's Counsel and senior judicial office.

At the Bar, he has maintained a broad civil practice, acting for claimants and defendants across the areas in which chambers practise. He accepts Direct Access instructions in appropriate cases. In addition, he has developed a practice in all aspects of ecclesiastical law, and is the Deputy Chancellor of the Dioceses of Salisbury and St Albans. He is also a Deputy District Judge.

He writes extensively, both for UU��ֱ�� and for other print and online publications.

Jurisdiction(s):

United Kingdom

Key definition:

Costs definition

What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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