Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

Costs orders in England and Wales: time limits and instalments, enforcement (including costs certificates and charging orders), stays and set-aside, debarring orders and appeals

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines how payment obligations under Costs orders are addressed, distinguishes scenarios where the order specifies a deadline for payment, and offers guidance on phrasing and calculating such time limits. It also examines when a costs order becomes enforceable, whether Enforcement can be stayed or deferred, and if a stay of execution can be lifted. The Note further considers whether additional time can be secured to meet a costs order. For advice on the court’s approach to parties who do not 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) grants the court a general discretion in relation to costs. For commentary, see Practice Notes: Costs orders—the general rule and Costs orders—the court’s discretion. In addition to deciding whether one party should pay another’s costs and the amount payable, the court also has discretion over when those costs must be paid...

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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...

Web page updated on 21/05/2026

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