Patel v Awan [2024] EWHC 464 (Ch)

The case raised the novel question of whether an order for interim payment on account of costs under CPR r.44.2(8) can be enforced by way of charging order. The short answer is "yes".

The facts

The Claimants had been the successful party in underlying proceedings, obtaining costs orders in their favour. In particular, the Defendants were ordered to pay ('the Costs Order') (i) the Claimants' costs to be assessed on the standard basis if not agreed, and (ii) the sum of £118,800 on account of costs by 4pm on 10 November 2017 ('the Payment on Account').

The Defendants did not pay any part of the Payment on Account to the Claimants, who then obtained a charging order against the First Defendant's property ('the Property') on 5 February 2019.