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Home / Costs law this week
Weekly · 25 October 2026

Costs law this week

Led by Diellza Nika Hyseni and Mentor Nika · Updated 25 October 2026

What changed this week in civil litigation costs in England and Wales, what is coming up, and five questions to test yourself. Every item links to its source. Updated every Monday.

This Week: 25 October 2026

Consultation

Civil Justice Council consults on guideline hourly rates for counsel

The CJC's Costs Working Group opened its "Costs 2026" consultation on 20 October 2026. It proposes guideline hourly rates for counsel's fees, drawing on the Bar Council's 2025 Working Lives Survey, and a new top band above London 1 for extremely complex, high-value commercial work, for which it asks for evidence of rates agreed or awarded. It closes on 19 January 2027.

Consultation

Awaab's Law could extend to private renters and licensees

The housing department is consulting on applying Awaab's Law timescales to private rented tenancies and to supported housing, temporary accommodation and care leaver accommodation occupied under licence. Compliance would be an implied term that tenants and licensees could enforce in court. It says the earliest feasible date for private renting would be 2027. The consultation closes on 18 December 2026.

Consultation

Rule Committee consults on electronic signatures

The Civil Procedure Rule Committee is consulting on amendments to CPR Part 5 and Practice Directions 5A and 5B on electronic signatures for court documents. Comments close on 13 November 2026.

Court data

County Court waits, court by court

The Ministry of Justice's latest figures put the median wait from issuing a claim to the first small claims hearing at 41.0 weeks in April to June 2026, against 40.3 weeks a year earlier, and 55.9 weeks to a fast track, intermediate track or multi-track trial (62.0 a year earlier). Our new page sets out every hearing centre.

New on DMD Costs

New free tools and guides

This week: a costs rules by date lookup (hourly rates, court fees, VAT, Bank Rate and costs regimes on any date since 2010), County Court waiting times by hearing centre, a Calderbank offer builder, a VAT on costs checker, three guides to detailed assessment, a city-by-city guide to courts and hourly rate bands, and our editorial standards.

Coming Up

Five Questions

Test yourself, then open each answer. The answers come from our reviewed guides and tools.

1. Do you need to file the N252 notice of commencement at court to start detailed assessment?

No. Detailed assessment proceedings are commenced by serving the notice and the documents with it. The court sees the notice later, when the receiving party requests a default costs certificate (N254) or an assessment (N258). (CPR 47.6; PD 47 para 6.2)

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2. Does the four-month deadline for serving a claim form move if it ends on a weekend?

No. The step for the chosen method of service must be taken before midnight on the calendar day four months after the date of issue, and it does not move for a weekend or bank holiday. (CPR 7.5(1))

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3. When is a tenant's housing disrepair claim for repairs a small claim?

Only if the repairs are estimated at £1,000 or less and any other damages claimed are £1,000 or less. Otherwise it normally goes to the fast track or a higher track, where costs are assessed, because fixed recoverable costs do not apply to disrepair claims. (CPR 26.9(1)(b); CPR 45.1(4))

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4. Can the parties agree to extend a time limit that states the consequence of missing it?

Yes, but only by prior written agreement, by up to 28 days, and only if the extension does not put at risk any hearing date, unless the court orders otherwise. The time for an appellant's notice cannot be extended by agreement at all. (CPR 3.8(3) and (4); CPR 52.15)

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5. From when does interest run on a costs order where the costs are still to be assessed?

From the date of the order for costs, even though the costs are assessed later, unless the court orders another date. (Hunt v R M Douglas (Roofing) Ltd [1990] 1 AC 398; CPR 40.8)

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