Article 21Q Costs ordersF1

E. W. N.I.

(1)

This article applies in the following cases—

(a)

an enforcement authority has made an application for an unexplained wealth order under article 21A;

(b)

an application has been made to discharge or vary an unexplained wealth order;

(c)

an enforcement authority has made an application for an interim freezing order under article 21H;

(d)

an application has been made to discharge or vary an interim freezing order;

(e)

an application has been made in the circumstances referred to in article 21K to—

(i)

stay an action, execution or other legal process,

(ii)

grant leave to levy distress or use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods)^f1,

(iii)

stay proceedings in respect of property or allow them to continue, or

(iv)

grant leave to exercise a right of forfeiture in relation to a tenancy;

(f)

an enforcement authority has made an application for an order for the appointment of a receiver under article 21L;

(g)

an enforcement authority has made an application for an order under article 21M (powers of receiver);

(h)

an application has been made for directions to a receiver under article 21N;

(i)

an application has been made to discharge or vary—

(i)

the appointment of a receiver under article 21L,

(ii)

an order under article 21M, or

(iii)

directions under article 21N;

(j)

an application has been made for compensation under article 21P;

(k)

the High Court has of its own motion exercised a power to do anything an application mentioned in sub-paragraphs (a) to (j) may be made for;

(l)

an application has been made for permission to appeal in relation to anything mentioned in sub-.paragraphs (a) to (k).

(2)

The court may not make an order that any costs of proceedings relating to a case to which this article applies (including appeal proceedings) are payable by an enforcement authority to a respondent or a specified responsible officer in respect of the involvement of the respondent or the officer in those proceedings, unless—

(a)

the authority acted unreasonably in making or opposing the application to which the proceedings relate, or in supporting or opposing the making of the order to which the proceedings relate, or

(b)

the authority acted dishonestly or improperly in the course of the proceedings.

Annotations

Textual amendments

F1: Art. 21Q inserted (26.4.2025) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2024 (S.I. 2024/1127), arts. 1(2), 17

Footnotes

f1: 1947 c. 44.