Assumption: "(Hadkinson Order / Appeals & Enforcement) Missing a payment deadline on a costs order automatically counts as wilful contempt for these purposes."
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 may assume that missing a payment deadline set by a costs order automatically counts as wilful contempt sufficient to justify blocking the other side's appeal.
Court Reality
The contempt has to be shown to be voluntary, deliberate, and knowing, by someone able to comply if they chose to. A genuine change in financial circumstances, or a credible explanation for non-payment, can defeat that test.
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The Gap?
"(Hadkinson Order / Appeals & Enforcement) Missing a payment deadline on a costs order automatically counts as wilful contempt for these purposes."
Court Reality
The contempt has to be shown to be voluntary, deliberate, and knowing, by someone able to comply if they chose to. A genuine change in financial circumstances, or a credible explanation for non-payment, can defeat that test.
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