Costs Application Hearing Representation

A receiving party may be entitled to obtain a default costs certificate where the relevant requirements are met and no points of dispute have been served. The entitlement, service history and timing must be checked against CPR Part 47. A default certificate is not the same thing as a judicial decision following a contested assessment of every item.

CPR 47.12 governs setting aside a default costs certificate and distinguishes circumstances where it must be set aside from the court’s discretionary power. We examine the certificate, notice of commencement, bill, service evidence and explanations for the failure to respond. Prompt action and credible supporting material matter; an intention to dispute the bill should not be treated as an automatic entitlement to relief.

Different procedural mechanisms can address payment before the final amount is assessed. An order for a payment on account under CPR 44.2(8) should be distinguished from an interim costs certificate under CPR 47.16. The applicable route depends on the stage of proceedings and existing orders. We review that position before recommending the form of application.

CPR 47.16 permits an interim certificate after the receiving party has filed a request for a detailed assessment hearing. The court decides the appropriate sum and may amend or cancel a certificate. We prepare the evidence and calculations supporting the proposed amount, or a response explaining why the figure or timing should be challenged. A claimed bill total is not automatically the appropriate interim payment.

Detailed assessment proceedings involve several deadlines, including commencement, points of dispute and the request for a hearing. Agreements and orders should be recorded and checked carefully. Where there has been delay, the rules may provide particular sanctions or remedies; the correct application should not be assumed to be identical for every missed step.

We identify the relevant obligation, chronology, explanation and effect on the other party. If an extension, direction or other relief is needed, the evidence should explain why it is sought and how the proposed timetable will work. The objective is to preserve a fair and workable assessment process rather than generate unnecessary satellite litigation about matters that could be agreed.

We review the application notice, evidence, response, relevant orders and draft order. The hearing plan sets out the legal test, factual disputes and practical consequence of granting or refusing relief. Authorities are selected for the actual proposition in issue. Where wider litigation issues arise, we agree responsibilities with the conducting solicitor or another appropriately authorised advocate.

The costs of the application itself need attention. A summary assessment may require a costs schedule and submissions on the appropriate order, subject to the applicable rules and directions. We consider offers and conduct, prepare the relevant calculations and check the wording of the resulting order. If further steps are required, the timetable should be communicated immediately after the hearing.