Maximise Recovery. Minimise Delay.
Settled damages but stuck haggling over costs? For MoD NIHL (where the matrix is damages only) and Housing Disrepair (HDR), CPR 46.14 costs-only proceedings are often the quickest route from “deal done” to “money in”. This guide shows exactly how to: secure an order for costs, serve N252, run negotiations to settlement, and—if needed—push to detailed assessment with an electronic bill (Precedent S) that survives scrutiny.
We’re a drafting-only, B2B partner for solicitors (no advocacy / no lay clients). We work on standard-basis (non-FRC) files only.
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• Get entitlement in writing: a consent order or a short CPR 46.14 Part 8 order confirming who pays costs.
• Serve N252 with a persuasive Bill of Costs / e-Bill (Precedent S) + clean disbursement proofs.
• Negotiate in stages (anchored in Replies to Points of Dispute) and deploy Part 36 at the right moment.
• If it won’t agree, list for Detailed Assessment—arrive with a DA-ready bundle and a settlement figure you can live with on the court steps.
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• Use 46.14 (Part 8 costs-only) when liability to pay costs hasn’t been captured in a court order/Tomlin yet. It gets you the costs entitlement order you need before commencing DA.
• Skip 46.14 if your damages settlement already includes a sealed order confirming who pays costs (e.g., “Defendant to pay the Claimant’s costs, subject to detailed assessment if not agreed”). With entitlement secured, you can go straight to N252.
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• Bill of Costs / Electronic Bill (Precedent S) – phase narratives tied to necessity & proportionality.
• Disbursement proofs – expert fee notes (audiology/occ hygiene for NIHL; surveyors for HDR), court/process-server receipts, counsel notes.
• Chronology & offers schedule – clean timeline, ADR record (HDR), Part 36 trail.
• Any costs order / consent order – entitlement exhibit.
• Client VAT status – to avoid mis-calculation.
• Contact & payment details – remove excuses for delay.
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1) Lock in entitlement to costs
• Best: agree a consent order (or Tomlin schedule) confirming payer/payee and basis.
• If not possible: issue CPR 46.14 costs-only proceedings under Part 8 to obtain an order for costs. Keep it short, focused, and attach the damages agreement/settlement correspondence.
2) Draft the Bill/e-Bill (Precedent S) properly
• Use phase-based narratives that show why time was necessary (disease disclosure; HDR access/vulnerability; surveyor cycles).
• Keep coding clean; avoid dumping “documents” time into one phase.
• Remove merits-only work—stick to costs of the action.
• Cross-check maths/VAT; list disbursements clearly with evidence.
3) Commence detailed assessment
• Serve N252 with the bill/e-bill + supporting docs.
• Diary the 21-day PoDs deadline. If PoDs don’t arrive: consider a Default Costs Certificate.
• When PoDs are served: build Replies to Points of Dispute—concise, particularised, and aimed at closing deltas.
4) Negotiate to settlement (don’t drift)
• Cadence: Opening counter → conditional concessions by phase → without-prejudice call → sharpen with Replies extracts.
• Part 36: time it so expiry lands near a procedural milestone (listing/DA request) for leverage.
• Capture agreement wording precisely (sum, interest, payment date, costs of the DA stage).
5) If no deal: request a DA hearing
• File the Request for Detailed Assessment; serve your DA bundle (bill/e-bill, PoDs, Replies, offers, key order(s)).
• Keep a settlement figure ready for the corridor. If you settle, memorialise with a clear consent order (including who pays the DA costs).
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• Particularised Replies, not generic “put to proof”.
• Proportionality narrative anchored to issues (disease disclosure volume; HDR vulnerability/access hurdles).
• Disbursement proofing (timely fee notes, why counsel was instructed, aborted attends explained).
• Conduct (ADR invitations in HDR; late capitulations in NIHL) → ask for indemnity where justified.
• Part 36 + interest maths—in black and white.
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• The MoD matrix standardises damages only. Costs remain standard-basis (multi-track typical).
• Military NIHL is outside NIHL FRC, so budgeting and e-bills (Precedent S) matter.
• Phase assumptions that help:
o Disclosure – service records, JSPs, risk assessments;
o Experts – audiology + occupational hygiene;
o Correspondence – military systems queries;
o ADR/settlement – matrix alignment vs individual facts.
• QOCS/Part 36: run offers with care; keep conduct clean to avoid adverse set-off arguments.
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• Pre-allocation costs may still be recoverable—document SP/damages thresholds and necessity.
• ADR after Churchill: log invitations, landlord responses, failure points—this underpins conduct-based costs arguments.
• Surveyor loops: initial inspection, aborted attends, re-inspection—explain necessity in narratives.
• Vulnerability & access: evidence why extra work/time was unavoidable and proportionate.
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• No entitlement order → N252 challenged.
• Generic narratives → “global” percentage cuts.
• Wrong rates/no GHR anchor → easy reductions.
• Unproven disbursements → counsel/expert fees slashed.
• Letting deadlines drift → leverage lost; DCC opportunity missed.
• Arithmetic/VAT errors → credibility hit (and cash left behind).
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• ☐ Consent order/Tomlin confirms who pays costs (or issue 46.14 Part 8).
• ☐ e-Bill (Precedent S) coded & narrated; maths/VAT checked.
• ☐ N252 served with exhibits; 21-day PoDs diary entry set.
• ☐ Replies to PoDs drafted; negotiation schedule agreed.
• ☐ Part 36 timed; interest calculations ready.
• ☐ DA request pre-prepared; corridor settlement figure agreed internally.
• ☐ Agreement documented (sum, interest, date, DA costs).
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CTA — Try us on one live file (free)
We’ll draft the bill/e-bill and run negotiations to settlement on one HDR or MoD NIHL file free. Standard-basis only. No advocacy. No lay clients.
Start free trial → info@dmdcosts.co.uk