How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3482
Experience:  LL.B (Hons)
Type Your Law Question Here...
RJM Law is online now

Does a high court order for costs expire? I had one made

This answer was rated:

Does a high court order for costs expire? I had one made against me 7 years ago after unsuccessful litigation, the public authority that won got an order for costs. Other than undergoing a means assessment at the County Court and making a repayment plan offer, nothing was ever heard again nor have I heard anything from them. Can I put this behind me or always be concerned?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Personal research seems to suggest that after 6 years enforcement may be barred
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I hope so as it's a very specific civil procedural question

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Thank you for the question.  If this was a writ of control for the costs order then it would expire after 12 months unless the creditor has applied to extend it.  However, it will depend what kind of order (i.e if it was a charging order it will not expire) however if it was a general order they only have the standard 6 years to enforce this.  If they want to try enforce it after 6 years they would require to apply to the court and with good reason.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

RJM Law and other Law Specialists are ready to help you
Customer: replied 9 hours ago.
Is there any case law, other than Lowsley and Another v. Forbes, that deals with circumstances in which a general order for costs could be "enforced" after the 6 year period? i.e what reasons would be good grounds for getting an enforcement order after 6 years? Lowsley was based on the fact the defendant had been out of the country for 11 years, so the order for costs couldn't be enforced in that period, hence enforcement was still permissable in these circumstances.