The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).
A default costs certificate certifies the amount the paying party must pay to the receiving party as a consequence of it having not filed its points of dispute. The amount is based on the sum claimed in the bill of costs produced by the receiving party rather than the level of costs the court would find reasonable had the detailed assessment procedure been completed. This means that the paying party will not have any input into the level of costs awarded by the court to the receiving party.
A default costs certificate will only be issued on application. For guidance on the procedure, see: Procedure to obtain a default costs certificate below.
A default costs certificate will contain an order to pay the costs to which it relates (CPR 47.11(2)).
A default costs certificate is only effective against the paying party. It will therefore have no effect against Community Legal Aid Fund (CPR PD 47, para 10.4).
If the receiving party wants a default costs certificate, it must make an application to the court requesting a default costs certificate.
The receiving party may only make such an application if it has not been served with the paying party's points of dispute within 21 days
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