Unpaid costs orders

If you win an inter partes dispute, you may be entitled to a contribution to the costs from the losing party. As part of every decision, we will decide the amount of costs that should be paid.

These costs orders create a legal debt and may be enforced in the same way as an order of the High Court.

Do we enforce the order?

We have no power directly to enforce the order, but the rules provide for a party to proceedings to request security for costs from any other party engaged in the proceedings.

If there is reason to doubt that an award of costs against someone may not be honoured, then we may take this into account when exercising discretion in response to a request for security for costs.

My costs order is still unpaid, can you help?

When cases are brought to our attention where those costs have not been paid, and where we have satisfied ourselves that the complaint is justified, we are prepared to provide some assistance.

We will write to the party reminding them of their legal obligation to pay the cost order and if they do not then we will publish that fact on our web site.

Our aim in publishing these details is to provide an incentive for parties who owe the sums covered by cost orders to settle matters without the need for the winner to incur further legal costs enforcing the order.

Still no payment, how do I enforce an order?

You must apply to the High Court, using an 'Application to enforce an award’ (form N322A). See The Court Service website for more guidance about enforcing a judgment.

Details of unpaid cost orders can be found on the professional area of the website. If you want to return to this page, you will need to use the back function on your browser.