HT-2024-000423 - [2025] EWHC 1134 (TCC)

Fecha: 12-May-2025

Conclusions

Time to pay

24.

Accordingly the amount payable by the Claimant to the Defendant is £47,804.25.

25.

The Defendant seeks an order that this sum be paid by the Claimant by Friday 2 May 2025. The reasons given are as follows:

28.

Under CPR 44.7 an order for costs is to be complied with within 14 days of the amount of costs being determined unless the Court orders otherwise. The Court should order otherwise to do justice in this case:

28.1

The Claimant will have known since receipt of the draft judgment on 2 April 2025 that it will be the paying party. The question is how much.

28.2

The Claimant has caused delays since the draft judgment by (i) not providing a draft order, (ii) not responding to the Defendant’s draft order, and (iii) only requesting further submissions on costs after the Judgment was handed down and immediately before the Easter weekend.

28.3

The Claimant has refused to pay the costs due under the Enforcement Order since 9 December 2024.

28.4

There is a winding up hearing involving the Claimant on 7 May 2025.

26.

The Claimant submits:

20.
It is submitted that any sums due on costs should be payable within 21 days of the date of the Court’s Order. It is understood that the Defendant contends for a significantly shorter period. Whilst there has been some delay in dealing with the consequentials for this hearing, it is not inordinate and was largely driven by availability the Easter vacation period. It is further submitted that, were it not for the Defendant insisting upon being paid the entirety of its costs (despite the Claimant’s partial success) it is probable that costs would have been capable of being agreed in full.

27.

I accept the Defendant’s submissions save that the latest date for payment will be Monday 5 May 2025. In setting that date, I note that the Claimant has not put forward any grounds for suggesting that it will have difficulty making the payment, and I regard it as appropriate that the Court considering the winding up application should know whether the order I have made has been honoured.

28.

For the avoidance of doubt, I give permission for the contents of this judgment, even if not yet formally handed down, to be made known to the judge hearing the winding application.