The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only.
A default costs certificate contains an order to pay costs. It can be applied if the period for serving points of dispute has expired and the receiving party has not been served with any points of dispute.
The procedure for obtaining a default costs certificate is set out at in the Costs Practice Direction.
The receiving party obtains a default costs certificate by filing a request in the relevant practice form.
The receiving party must completes Form N254 and file it at the appropriate office together with a copy of the document giving the right to detailed assessment (as identified in the Costs Practice Direction section 40.4) and the appropriate court fee. For information on court fees, see Practice Note: Court fees in civil proceedings.
The court will consider the request. If it is successful, the bill will be 'assessed as drawn'. If the court grants an order, it will contain an order for payment within 14 days.
It is important to ensure that the receiving party has the requisite document entitling it to a right to detailed assessment. That document could be:
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