Key Takeaways
- If the other side refuses to pay a court costs order, you have several legal enforcement methods to help recover your money.
- You usually have six years to enforce a court costs order, but taking prompt action protects your entitlement.
- Doing nothing allows the debtor to avoid payment and may limit your enforcement options over time.
- Our solicitors advise on the best enforcement route, including writs of control, charging orders, third party debt orders, and insolvency proceedings.
- You typically need a Final Costs Certificate before starting enforcement for an unpaid costs order.
- Interest may accrue on unpaid costs, and you can often claim additional enforcement expenses.
- Our litigation team handles court applications and represents you throughout the enforcement process.
- Failing to enforce within the limitation period could make recovery impossible.
- Go Legal is rated Excellent on Trustpilot with over 130 five-star reviews and a 4.9/5 rating.
- To maximise your recovery, book a free consultation with our solicitors for expert advice on enforcing a court costs order.
What Can I Do If the Other Side Refuses to Pay a Court Costs Order?
If the other side refuses to pay a court costs order in England and Wales, you can apply to the court to enforce the debt. There are several enforcement routes depending on the debtor’s circumstances, the value of your costs order, and the type of assets they hold.
You may pursue enforcement through a writ of control (to seize goods), a charging order (to secure the debt against property), a third party debt order (to freeze bank funds), or apply for insolvency proceedings if payment is not forthcoming. Prompt action improves your chance of recovering what is owed and prevents the debtor from dissipating assets.
If you’re facing non-payment or need urgent strategic advice, our London-based solicitors can help you select the right enforcement method.
How to Enforce a Court Costs Order in England and Wales: Step-by-Step
Enforcing a court costs order is a structured process. Following the correct steps ensures you retain your right to recover the debt, avoid unnecessary delay, and choose the most effective approach.
What Is the First Step When a Costs Order Is Unpaid?
First, confirm the debtor has missed the payment deadline. The Senior Courts Costs Office Guide states the paying party must comply with the order for costs within 14 days, unless the court has set a different timeframe.
Once the deadline has passed without payment, prepare to initiate enforcement.
Do I Need a Final Costs Certificate Before Enforcement?
You usually need a sealed Final Costs Certificate from the court, confirming the amount owed, before you can start enforcement proceedings. Without this formal certificate, enforcement applications may be rejected.
What Enforcement Methods Are Available for an Unpaid Costs Order?
Multiple legal mechanisms are available to enforce a costs order if the other party refuses to pay.
Can I Use a Writ of Control to Recover Court Costs?
A writ of control allows enforcement agents to seize the debtor’s goods for sale, with proceeds used to pay your costs debt. The court issues the writ, and agents give at least seven days’ notice to the debtor before taking action. For individuals, enforcement officers can attend only between 6:00 and 21:00. The writ is usually valid for 12 months, with possible extension.
How Does a Charging Order Work for Unpaid Legal Costs?
A charging order secures the debt against the debtor’s property, such as a house, land, or shares. If they sell the asset, your debt can be paid out of the proceeds. This is effective for asset-rich debtors, though payment is often delayed until a sale occurs.
If you are seeking to secure your costs against a debtor’s property, you may find our article on How to enforce a costs order: strategies and legal consequences of non-payment in England and Wales helpful.
What Is a Third Party Debt Order and When Is It Useful?
A third party debt order freezes money owed to the debtor by a third party, usually a bank. The court can require the third party to pay you directly, up to the amount of the unpaid costs order. This is often used when you know the debtor’s bank account details.
Can I Apply for an Attachment of Earnings Order?
An attachment of earnings order tells the debtor’s employer to deduct money from their wages to pay towards your debt. This is only available where the debtor is an individual in salaried employment.
Should I Consider Insolvency Proceedings for an Unpaid Costs Order?
Where the debt is substantial and no other method is effective, you may start bankruptcy proceedings (for individuals) or winding-up (for companies). Insolvency proceedings are especially powerful, but there will be associated costs.
Our litigation team can advise when insolvency is appropriate and help you manage the risks.
Can I Enforce Against a Company That Will Not Pay Costs?
You can use the methods above against companies. Insolvency tactics (like a winding-up petition) may also put commercial pressure on a debtor business to settle outstanding costs.
Which Court and Forms Should I Use to Enforce a Costs Order?
Careful selection of court and procedure is essential for success.
Which Court Handles Costs Enforcement Applications?
The High Court, county court, and magistrates’ court all have power to enforce costs orders in England and Wales. Most civil and commercial cases will see enforcement in the court that made the original order. For family proceedings, Family Procedure Rules confirm the same civil enforcement options are available.
What Evidence and Supporting Documents Will I Need?
You will need:
- The sealed Final Costs Certificate or original costs order
- Information about the debtor’s assets or bank accounts (depending on the chosen method)
- Supporting material, such as known addresses, employer details, or bank information
Our solicitors work with you to gather all necessary evidence and documentation for a successful application.
How Do I Choose the Best Enforcement Method for My Situation?
Choosing the right enforcement method depends on what you know about the debtor, the value of the costs order, and any assets or employment they have.
What Are the Pros and Cons of Each Enforcement Tool?
- Writ of Control: Fast if debtor has assets, but goods might not fully discharge the debt.
- Charging Order: Excellent for asset-rich debtors, but often slow; payout happens if the property is sold.
- Third Party Debt Order: Effective where bank funds exist, less so without up-to-date account details.
- Attachment of Earnings: Steady recovery if debtor is employed, not suitable for self-employed or companies.
- Insolvency Proceedings: Potent, but expensive and should be considered mainly for high-value debts.
In What Order Should I Try Enforcement Methods?
Begin with the method likely to recover your debt fastest, given your knowledge of the debtor’s finances. You can try a writ of control first, then move to a charging order or third party debt order if required.
Can I Use More Than One Enforcement Procedure at Once?
You may use more than one procedure, as long as you do not receive double payment for the same debt. For instance, you can seek both a writ of control and a charging order. Combined action often prompts payment.
What Case Management Powers Help If Payment Is Still Not Made?
Case management orders offer additional pressure where conventional enforcement fails or the debtor ignores the court’s rulings.
Can Unless Orders or Debarring Orders Compel Payment of Costs?
Courts can make an Unless Order requiring payment of costs by a set deadline, with penalties like strike-out if this is ignored. A Debarring Order may prevent the debtor from further participating in proceedings until payment is made. These sanctions encourage compliance, especially in active disputes.
What Is a Penal Notice and Could It Apply?
A penal notice warns that breaching a court order may amount to contempt of court. While more common in family proceedings, the court may impose a penal notice where there is blatant disregard for orders.
Our solicitors can advise on case management tactics and prepare robust applications to apply appropriate pressure.
What Laws and Deadlines Apply to Enforcing a Court Costs Order?
Enforcement of a costs order is governed by the Civil Procedure Rules, mainly Part 70, which lays out the general enforcement framework for judgments and orders in civil proceedings. Separate, detailed rules address each enforcement tool and are contained in Parts 71 to 73, 81, 83, 84 and 89, as well as Schedule 2 of CCR Order 28.
Family Procedure Rules Part 33 confirms civil enforcement tools apply in family costs enforcement.
Currently, the limitation period most commonly cited for enforcing a costs order is six years from the date of the order. However, this figure is drawn from peer guidance and you should confirm the current period on legislation.gov.uk before relying on it.
Missing the valid limitation period risks losing your rights to enforce the order.
Can the Court Award Interest and Additional Enforcement Costs on an Unpaid Costs Order?
Delays frequently increase the debtor’s bill, as interest may accrue and further enforcement expenses are added.
How Is Interest Calculated on Unpaid Costs?
Interest may be payable on unpaid legal costs, depending on what the court ordered and the applicable procedural rules. Always request any interest due when applying for enforcement.
Can I Recover My Enforcement Expenses From the Debtor?
Most reasonable court fees and legal costs of enforcement can be claimed from the debtor and added to your total recoverable sum.
Our solicitors ensure you include every relevant amount to maximise your recovery.
Our Winning Approach to Enforcing Court Costs Orders
Our commercial litigation solicitors deliver a practical, cost-effective approach to enforcing unpaid legal costs across England and Wales.
- Strategic assessment to choose the enforcement method suited to your debtor’s situation
- Full management of court forms, certificates, and supporting evidence
- Tactical guidance to help you escalate to case management orders if needed
- Extensive negotiation experience and technical knowledge of insolvency for high-value claims
- Diligent pursuit of all sums owed, including interest and enforceable costs
If you have a costs order outstanding, speak to our solicitors for clear, strategic direction and direct action.
Frequently Asked Questions
Can I enforce a costs order against someone outside England and Wales?
Enforcement in other countries may require further procedures or applications. Most enforcement routes discussed here apply only within England and Wales.
Do I always need to get a Final Costs Certificate from the court before starting enforcement?
A sealed Final Costs Certificate is usually required to prove the sum is due. If you have any uncertainty, our team can check the court’s position for you.
Is there a time limit for enforcing a court costs order if the costs are assessed later?
Yes, but you will need to check the latest legislation for the applicable limitation period. If costs are assessed some time after judgment, the period may run from the date of the certificate.
What happens if the debtor claims they have no assets or income?
If the debtor truly lacks assets, recovery may not be possible in practice. However, the court can order the debtor to disclose their financial position so you can reassess enforcement options.
Can interest be added to my costs order after enforcement proceedings start?
Interest can generally continue to accrue until payment, but the rules and order wording will determine precise entitlement.
Is personal attendance at court needed to enforce a costs order?
Most enforcement applications are made in writing, but a hearing may be necessary in some cases. Our team will advise if attendance is needed.
What if the debtor appeals the original order—should I wait to enforce costs?
If an appeal is pending, enforcement may continue unless the court specifically orders a stay. Check current status before starting enforcement.
Can I pause enforcement after I have started, if the debtor offers part payment?
Yes. Part payment negotiations are common after enforcement begins and you are free to pause or settle if agreement is reached.
How quickly can the court enforce payment once I make my application?
Timelines vary by court and by the chosen enforcement method. Providing accurate evidence and documentation helps speed up the process.
Will enforcement affect the debtor’s credit file or business standing?
Some enforcement actions, like charging orders or insolvency proceedings, may become publicly visible and can affect the debtor’s credit rating or reputation.
Enforce Your Court Costs Order With Confidence
If the other side will not pay a court costs order in England and Wales, clear legal steps can help you turn your paper entitlement into real recovery. Acting promptly helps protect your position, especially with strict limitation periods and the risk of assets being moved or lost.
Our solicitors will advise you on the most effective enforcement strategy, help you secure every essential court certificate, and handle the entire process toward recovery. Call us on 0207 459 4037 or book a free consultation for tailored guidance and decisive action.
