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Whether you can do as you query, all depend upon the exact wording of the clause concerned. If legal costs are caught within the terms of the clause, then it may be that you are able to forfeit as a result of non-payment. However, this is not without its risks.
This is particularly so given that permission to appeal has been given by an appeal court.
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If he appeals, and is successful, the new appeal court may reverse the costs decision. That would mean that the costs would not have been due. Consequently, any attempt to forfeit based upon a sum which ultimately is determined not to be due, would be incredibly risky for you. It might mean that the forfeiture was unlawful.
Permission to appeal has been sought and granted only on one aspect of the judgement
You could type out the text of the relevant clause, but I don't think there is any point in doing that. Put simply, it is most likely to depend on the outcome of the appeal.
But that one aspect could be determinative.
And it may undo everything.
The aspect for which the appeal court has given permission. This could undo the earlier judgment, and reverse the costs order.