For cases issued on or after 6 April 2023 a defendant will be able to enforce costs up to “the aggregate amount in money terms of any orders for or agreements to pay or settle a claim for, damages, costs and interest”.
This will reverse the effects of Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132 that a defendant could only enforce in respect orders for damages (as opposed to settlements) and could not enforce in respect of a claimant’s cost at all.
For more details, please see our blog piece here.
