Payment on Account of Costs Pending Adjudication

  1. This Practice Direction is issued in accordance with the general authority of the President of the High Court and ss. 11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
  2. This Practice Direction replaces Practice Direction HC71 (Payment on account of costs pending taxation) dated 28th March, 2017.  Practice Direction HC71 is revoked with effect from Tuesday, 6th February, 2024, and is replaced, with effect from that date, by this Practice Direction.
  3. The attention of practitioners is drawn to the provisions of Order 99, r. 2(5) of the Rules of the Superior Courts and to the power of the Court to make orders requiring the payment of an amount in respect of costs on account. 
  4. I hereby direct that in all cases where there is no dispute as to the liability for the payment of costs and in any other case which a judge thinks appropriate, an order may be made directing payment of a reasonable sum on account of costs within such period as may be specified by the judge pending the adjudication of such costs.  Such orders may be made on an undertaking being given by the solicitor for the successful party that, in the event of adjudication realising a smaller sum than that directed to be paid on account, such overpayment will forthwith be repaid. 
  5. This Practice Direction shall come into effect on Tuesday, 6th February, 2024.

Dated 31st January, 2024
David Barniville
President of the High Court

High court