Who pays the costs of taking someone to court who is in breach of a court order?

24th Jan 2019

This is in connection with a divorce settlement. In the initial court order a property in Spain that was in joint names was to be transfered into my sole ownership. This was to be done within 56 days. It was not done then later when the settlement monies became available without selling the matrimonial home that was on this original court order a second concent order  removing the matrimonial home was submitted stating that the full monetary settlement figure to be paid within 14 days and the outstanding Spanish property be delt with within 90 days. The monies were paid the same day but now more than 9 months later the transfer of the Spanish property remains. This is a clear breach of the order and contempt of court.



1 answer
  • Bridge Law Solicitors Limited

    If you have to apply back to court to enforce you should include in your application an order that the defaulting party pays your costs.  You should usually send a letter before action indicating that you are being left with no option due to the default and that you will be seeking a costs order against them and perhaps giving them a very short timescale to comply.  It is not guaranteed that you will get your costs but if you can show that the other party has wilfully defaulted on the order then it is likely that you will succeed.  Costs schedules will need to be given to the court and the other party in advance of the hearing.  You can, at the same time, if necessary apply for an Order that the Judge execute documents in place of the other party if they are refusing to do so, to implement the order.

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    Bridge Law Solicitors Limited

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