Part 5 U.K. Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2 U.K. Civil recovery in the High Court or Court of Session

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 2: power to modify conferred (25.4.2013) by Crime and Courts Act 2013 (c. 22), s. 61(11)(f), Sch. 25 para. 7

[F1 Proceedings for civil recovery: costs and expenses U.K.

Textual Amendments

F1 S. 288A and cross-heading inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 190(1), 255(3)(g) (with s. 190(2))

288A Costs orders and expenses orders U.K.

(1) The court may not make an order that any costs or, in Scotland, expenses of proceedings under this Chapter are payable by the enforcement authority, unless—

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

(b) the authority acted dishonestly or improperly in the course of the proceedings, or

(c) it would be just and reasonable to make such an order, and for this purpose it is not to be assumed that it is generally just and reasonable for the unsuccessful party to pay.

(2) A reference in subsection (1) to proceedings under this Chapter includes any appeal arising out of proceedings under this Chapter.]