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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3482
Experience:  LL.B (Hons)
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Does a high court order for costs expire? I had one made

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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

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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.

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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.