Monday 13 May 2013
Road to recovery of Judgments widened
The High Court has held that costs orders can be attached by way of Third Party Debt Orders under CPR r.72.2(1), even where such costs have not been assessed. Mr Justice Andrew Smith so held in TRAVELERS INSURANCE CO LTD and DENTON WILDE SAPTE v ADVANI (2013), in an appeal from the decision of a Master declining to order such attachment.
Costs orders may be unascertained but they do not fall into the same category as unliquidated damages, which cannot be attached. The decision is also authority for the proposition that the Court can attach debts that have been admitted by a third party, at least in circumstances where the same are not denied by the Judgment debtor.