How To Recover Costs Awarded By Court

The usual rule is that the loser pays the winner’s costs, and this applies to the large majority of cases. But the court has absolute discretion on costs and can order the winner to pay the loser’s costs or anything in between. 

The court will take into account the entire circumstances of the case, including whether pre-action protocols were adhered to, whether one party was only partly successful, and any offers made to settle the claim.

Even with a court order awarded in favour of one party for costs, sometimes the unsuccessful party will only pay some of what is owed or delay paying the full amount.

There are options open to the claimant to pursue the costs order, but almost all of them will incur added expenses.

A party holding a costs order in their favour can ask the court to collect payment if no payment is forthcoming, but this will attract a court fee. 

Another alternative is to ask the court to order the debtor to attend court to provide evidence of their income and expenditure to see what is actually affordable before taking further action.

The court can also send bailiffs to collect the money under a Warrant of Control.

An order for costs does become like any other debt owed. The fact that the court has made the order doesn’t guarantee that the losing party will pay the amount owed more quickly.