Non Party Costs Flashcards
Does winning a settlement always unequivocally result to a cash out?
- losing party unable to pay fees
Part 46?
• non-party meets the costs by order
External litigation finders vs non party funders
Third party funders have risk, as they have direct interest in funding campaign
On what basis can an order be made against non party?
• must be added as a party to the proceedings
• attend court when costs are being determined
Elgin Cars Ltd ?
• Elgin tried issuing an order against non-party funder. It was noted that the non party funder had no involvement in the funding- no interest, and so the order failed.
The non party was not a party in the proceedings.
Litigation funders Plc
• joined to proceedings
• despite representations (no requirement to establish improper acts exercised by non party before making an order.
Investigating judgement Debtor’s means. 2 methods?
• enquiry agent
• order to obtain information
Enquiry Agent
- investigates debtors assets
- quick but incurs costs
Order
- Governed by CPR 71
- requires debtor to attend court for questioning under oath
Order Procedure?
• application
• order served
• hearing county court
• court officer
• committal order for failure to attend court
Methods of enforcement!
• taking goods
HCEO?
High court enforcement officer
Enforcement Methods (4)
• Charging Orders (CPR Part 73)
• Third Party Debt Orders (CPR Part 72)
• Attachment of Earnings (CPR Part 89)
• Taking control of goods
Third party debt orders method
• surprise element. No notice to debtor.
• debtor unaware of assets frozen. (Interim order 28 days)
Disadvantages of third party debt order:
• only enforceable if debtor is the sole owner of the asset being seized. This will not have effect on assets of joint ownership .
• ineffective if funds have moved from account or lack of sufficient funds.
