Assumption: "(Hadkinson Order / Appeals & Enforcement) If the other party hasn't fully paid a costs order, I can get their appeal stopped or struck out until they pay."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
A party owed costs may believe that if the other side hasn't fully paid a costs order, they can get that person's appeal stopped or struck out until the debt is paid.
Court Reality
A Hadkinson order is a draconian remedy of last resort. The court must find that the non-payment is deliberate and continuing contempt by someone well able to pay if they chose to, not simply that a balance remains outstanding.
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The Gap?
"(Hadkinson Order / Appeals & Enforcement) If the other party hasn't fully paid a costs order, I can get their appeal stopped or struck out until they pay."
Court Reality
A Hadkinson order is a draconian remedy of last resort. The court must find that the non-payment is deliberate and continuing contempt by someone well able to pay if they chose to, not simply that a balance remains outstanding.
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