There are restrictions on enforcing orders for costs obtained against claimants in personal injury claims (including claims under the Fatal Accidents Act 1976 and claims arising out of death or personal injury which survive for the benefit of an estate under the Law Reform (Miscellaneous Provisions) Act 1934) (CPR 44.13). However, this protection for personal injury claimants does have exceptions under which orders for costs can be enforced, subject, sometimes, to the permission of the court being obtained:
(i) where the costs can be set off (44.14). At the conclusion of the case, costs orders against the claimant can be set off against damages and interest payable to him or her.
(ii) where the claim has been struck out on certain grounds (CPR 44.15).
(iii) claims falling within the transitional provisions concerning recoverable success fees or ATE premiums (CPR.44.17).
(iv) where the permission of the court is obtained after a finding on the balance of probabilities that the claim was “fundamentally dishonest” (CPR 44.16).
(v) where the permission of the court is obtained to enforce a claim which included a claim for the benefit of someone other than the claimant, or a dependant in a Fatal Accidents Act claim (this exception cannot be used against a person who supplied gratuitous care, or an employer who paid earnings or any person who paid medical expenses merely because the claimant is recovering damages in respect of that care, or those earnings or medical expenses (r.44.16(2)(a)).
(vi) where the permission of the court is obtained to enforce any non-personal injury or death claim which was included in the proceedings (CPR 44.16(2)(b)).