CPR Costs Rules Explained

Costs management applies to all Part 7 multi-track claims except claims valued at £10 million or more on the claim form, claims made by or for a child (proceedings started from 6 April 2016), proceedings subject to fixed or scale costs, and where the court orders otherwise. The court can also apply it to other proceedings.

In practice: Its purpose is for the court to manage both the steps the parties take and the costs they incur, to further the overriding objective. Practice Direction 3D and its Precedent H budget form carry the detail.

CPR 3.12 on legislation.gov.uk · Link to this rule

Unless the court orders otherwise, every party other than a litigant in person must file and exchange a budget: with its directions questionnaire if the claim form states a value under £50,000, otherwise at least 21 days before the first case management conference. An agreed budget discussion report follows at least 7 days before that conference.

In practice: Every budget must be dated and verified by a statement of truth signed by a senior legal representative. A litigant in person need not file one, but must be given a copy of each other party’s budget.

CPR 3.13 on legislation.gov.uk · Link to this rule

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Unless the court orders otherwise, a party that fails to file a budget when required is treated as having filed a budget made up only of the applicable court fees.

In practice: This is a sanction, so the way back is an application for relief from sanctions under CPR 3.9 (Mitchell v News Group Newspapers [2013] EWCA Civ 1537). Where such a party benefits from the Part 36 costs consequences, CPR 36.21 lets it recover 50% of the costs assessed without the limit.

CPR 3.14 on legislation.gov.uk · Link to this rule

Where budgets have been filed and exchanged the court will make a costs management order unless satisfied the case can be conducted justly and at proportionate cost without one. The order records agreed budgeted costs, approves the rest after revision, and records any agreed incurred costs. It deals with phase totals, not hourly rates.

In practice: Save in exceptional circumstances, the recoverable cost of first completing Precedent H is capped at the higher of £1,000 or 1% of the incurred and budgeted costs, and the rest of the budgeting process at 2% (CPR 3.15(5)).

CPR 3.15 on legislation.gov.uk · Link to this rule

A party must revise its budget up or down if significant developments warrant it, serving particulars of the variation in the form Practice Direction 3D prescribes and submitting them promptly to the other parties and then the court. The court may approve, vary or disallow the variation, or list a further costs management hearing.

In practice: The particulars must be limited to the extra costs the development causes and certified as not already included in an earlier budget or variation. A variation can cover costs incurred after the costs management order but before the variation (CPR 3.15A(6)).

CPR 3.15A on legislation.gov.uk · Link to this rule

A hearing held only for costs management, for example to approve a revised budget, is a costs management conference.

In practice: Paragraph (2), which said such conferences should be held by telephone or in writing where practicable, was omitted on 1 October 2026 (SI 2026/817).

CPR 3.16 on legislation.gov.uk · Link to this rule

In every case management decision the court considers the parties’ budgets and the cost of each step, whether or not it has made a costs management order. It may not approve costs incurred up to the costs management hearing, but may comment on them and take them into account when judging the budgeted costs.

In practice: An interim application left out of a budget may be treated as additional to the approved budgets, if the court considers it was reasonable not to include it (CPR 3.17(4)).

CPR 3.17 on legislation.gov.uk · Link to this rule

On a standard basis assessment where a costs management order was made, the court has regard to the receiving party’s last approved or agreed budgeted costs for each phase, will not depart from them unless satisfied there is good reason, and takes into account comments recorded under rule 3.15(4) or 3.17(3).

In practice: Where a costs management order was made, the bill must be served with a breakdown of the costs claimed for each phase, unless the electronic bill already gives it (CPR 47.6(1)(c) and Practice Direction 47 para 5.2(f)).

CPR 3.18 on legislation.gov.uk · Link to this rule

A costs capping order limits the future costs a party can recover under a later costs order. The court may make one at any stage if it is in the interests of justice, there is a substantial risk of disproportionate costs, and case management and detailed assessment cannot adequately control that risk.

In practice: Once made, a cap can be varied only for a material and substantial change of circumstances or another compelling reason. This Section does not cover protective costs orders or judicial review costs capping orders (CPR 46.16 to 46.19).

CPR 3.19 on legislation.gov.uk · Link to this rule

The application is made on notice under Part 23. It must say whether the cap is for the whole litigation or a separately tried issue and why one should be made, with a budget of the costs incurred to date and those likely to be incurred.

CPR 3.20 on legislation.gov.uk · Link to this rule

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An application to vary a costs capping order is made by application notice under Part 23.

In practice: The grounds for a variation are in CPR 3.19(7).

CPR 3.21 on legislation.gov.uk · Link to this rule

N244 application notice builder →

A defendant to any claim may apply for security for its costs of the proceedings, supported by written evidence. If the court orders security it decides the amount and how and when it must be given. The Section also applies to counterclaims and other additional claims (CPR 20.3).

In practice: Before 6 April 2025 this was rule 25.12.

CPR 25.26 on legislation.gov.uk · Link to this rule

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Security may be ordered if just and an enactment allows it or the claimant: resides outside the jurisdiction; is a company, other body or nominal claimant and there is reason to believe it cannot pay costs; moved to evade the litigation; gave no or a wrong address in the claim form; or took steps with its assets that hinder enforcement.

In practice: Before 6 April 2025 the conditions were in rule 25.13. The asset condition turns on the effect of the steps, not the claimant’s motive, though motive can count in the court’s discretion. A representative claimant under Part 19 is not a nominal claimant for this purpose.

CPR 25.27 on legislation.gov.uk · Link to this rule

Security for costs checker →

A defendant may seek security from someone other than the claimant if it is just and that person assigned the claim to the claimant to avoid a costs order, or contributed or agreed to contribute to the claimant’s costs for a share of any recovery, and a costs order could be made against them.

In practice: Before 6 April 2025 this was rule 25.14.

CPR 25.28 on legislation.gov.uk · Link to this rule

Security for the costs of an appeal may be ordered against an appellant, or a respondent who also appeals, on the same grounds as against a claimant, and also where that party is a limited company that may be unable to pay the other parties’ costs if its appeal fails.

In practice: Before 6 April 2025 this was rule 25.15.

CPR 25.29 on legislation.gov.uk · Link to this rule

A Part 36 offer must be in writing, say it is made under Part 36, give a relevant period of at least 21 days during which the defendant will be liable for the claimant’s costs if it is accepted (unless made within 21 days of trial), and say whether it covers the whole claim or part, and any counterclaim.

In practice: An offer to pay or accept a sum is treated as including interest up to the end of the relevant period (CPR 36.5(4)). An offer that misses these requirements lacks the Part 36 consequences, though the court can still weigh it under CPR 44.2(4)(c).

CPR 36.5 on legislation.gov.uk · Link to this rule

N242A Part 36 offer builder →

Accepted within the relevant period, a Part 36 offer gives the claimant its costs, including recoverable pre-action costs, up to service of notice of acceptance, on the standard basis unless fixed. If it was made within 21 days of trial, is accepted late, or covers part of the claim and the rest is not abandoned, the court decides unagreed costs.

In practice: On a late acceptance the court must, unless unjust, award the claimant costs to the end of the relevant period and order the offeree to pay the offeror’s costs from then to acceptance (CPR 36.13(5)). Only acceptance under CPR 36.13(1) or (2) is a deemed costs order (CPR 44.9(1)(b)). Fixed costs claims use CPR 36.23 instead.

CPR 36.13 on legislation.gov.uk · Link to this rule

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Acceptance stays the claim, or the part accepted, on the terms of the offer, without stopping the court enforcing the offer or dealing with costs. Unless agreed otherwise in writing, a single sum must be paid within 14 days of acceptance; if it is not, the claimant may enter judgment for the unpaid sum.

In practice: In detailed assessment proceedings, the receiving party’s remedy for non-payment is instead to apply for a final costs certificate for the unpaid sum (CPR 47.20(4)(d)).

CPR 36.14 on legislation.gov.uk · Link to this rule

If a claimant fails to beat a defendant’s offer, the court must, unless unjust, award the defendant costs from expiry of the relevant period, with interest. If a claimant matches or beats its own offer, it must, unless unjust, award enhanced interest on damages and costs (up to 10% above base rate), indemnity costs from expiry and an additional amount.

In practice: The additional amount is 10% of the sum awarded up to £500,000 and 5% above that, capped at £75,000, calculated on costs where nothing else is awarded in money. None of this applies to an offer withdrawn, changed for the worse and then beaten, or made under 21 days before trial unless the period was abridged (CPR 36.17(7)).

CPR 36.17 on legislation.gov.uk · Link to this rule

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Where the payment would be a compensation payment under the Social Security (Recovery of Benefits) Act 1997, a defendant’s offer must say whether it ignores recoverable amounts or deducts them. If it deducts them, it must state the gross sum, the deductions and the net sum, and whether the claimant beat it is judged on the net figure.

In practice: Before 1 October 2023 this was rule 36.22. A defendant intending to deduct must apply for a certificate of recoverable amounts before making the offer and, if it has not arrived, clarify the figures within 7 days of receiving it (CPR 36.20(5) and (7)).

CPR 36.20 on legislation.gov.uk · Link to this rule

Where an offeror’s recoverable costs are limited to court fees, for example because it was treated as filing a court fees only budget under CPR 3.14, the costs it gets under rules 36.13(5)(b), 36.17(3)(a) and 36.17(4)(b) are 50% of the costs assessed without the limit, plus any other recoverable costs.

In practice: Before 1 October 2023 this was rule 36.23.

CPR 36.21 on legislation.gov.uk · Link to this rule

Section II applies to claims in the fast track, intermediate track and noise induced hearing loss fixed costs regimes (Part 45 Sections VI to VIII). It defines a defendant’s Protocol offer, including the last offer made before a claim leaves the RTA or EL/PL Protocol, treated as made on the next business day.

CPR 36.22 on legislation.gov.uk · Link to this rule

On acceptance within the relevant period, the claimant gets the fixed costs for the stage reached when notice of acceptance was served, plus applicable additional fixed costs. If a defendant’s offer is accepted late, the claimant gets fixed costs to the stage at expiry of the relevant period and pays the defendant’s costs under paragraphs (8) and (9).

In practice: Fixed costs are calculated on the amount of the offer accepted, and disbursements are allowed under Part 45 Section IX. In a soft tissue injury claim, an offer made before the defendant has the fixed cost medical report has the late-acceptance effect only if accepted more than 21 days after it received the report.

CPR 36.23 on legislation.gov.uk · Link to this rule

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A claimant who fails to beat a defendant’s offer gets fixed costs only to the stage at expiry of the relevant period and pays the defendant’s costs. One who matches or beats its own offer gets fixed costs to judgment plus, instead of indemnity costs, 35% of the difference between the fixed costs at expiry and at judgment.

In practice: Rule 36.17 applies with these changes. On our reading, only its indemnity costs element is replaced (CPR 36.24(4)), so enhanced damages interest and the additional amount remain. Fixed costs are calculated on the amount awarded. Before 1 October 2023, rule 36.24 was the scope rule for Protocol offers (now 36.25), and fixed costs consequences after judgment were in rule 36.21.

CPR 36.24 on legislation.gov.uk · Link to this rule

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If the claimant gets no more than the defendant’s Protocol offer, the claimant pays the defendant’s Stage 3 fixed costs (CPR 45.37) with interest. Between the two parties’ offers, the defendant pays the claimant’s fixed costs under CPR 45.30. At or above the claimant’s own offer, the defendant also pays enhanced interest and the CPR 36.17(4)(d) additional amount.

In practice: Before 1 October 2023 this was rule 36.29.

CPR 36.30 on legislation.gov.uk · Link to this rule

Defines the terms used throughout Parts 44 to 47, such as costs, costs officer, detailed and summary assessment, fixed costs, paying party and receiving party. Where the court can assess them, those Parts also cover costs of arbitrations and tribunals and costs a client owes its own legal representative, as well as contractual costs the court orders to be assessed.

In practice: Costs remain recoverable under a conditional fee agreement even though the client pays only if there is a recovery (CPR 44.1(3)). “Costs” includes the reimbursement a litigant in person is allowed under CPR 46.5.

CPR 44.1 on legislation.gov.uk · Link to this rule

The court decides whether one party pays another’s costs, how much and when. The general rule is that the unsuccessful party pays the successful party’s costs, but the court may order otherwise, looking at all the circumstances, including conduct (pre-action conduct, exaggeration, breaching an ADR order or unreasonably not engaging in ADR), partial success and admissible offers outside Part 36.

In practice: Orders can be for a share of costs, a stated sum, costs from or to a date, or interest on costs from before judgment (44.2(6)). On ordering detailed assessment the court orders a reasonable payment on account save for good reason (44.2(8)). In a SLAPP claim a defendant pays the claimant’s costs only for its own misconduct (44.2(9)).

CPR 44.2 on legislation.gov.uk · Link to this rule

Costs order meanings →

Costs are assessed on the standard or the indemnity basis, and neither allows costs unreasonably incurred or unreasonable in amount. On the standard basis costs must also be proportionate, and doubt goes to the paying party; on the indemnity basis doubt goes to the receiving party. An order that does not say means the standard basis.

In practice: Costs are proportionate if they bear a reasonable relationship to the sums and other relief in issue, complexity, extra work caused by the paying party’s conduct, wider factors such as reputation, and work caused by a party’s or witness’s vulnerability (CPR 44.3(5)). Disproportionate costs can be cut even if reasonably incurred.

CPR 44.3 on legislation.gov.uk · Link to this rule

Costs order meanings →

In deciding whether costs were reasonable and, on the standard basis, proportionate, the court looks at all the circumstances, gives effect to earlier orders, and considers conduct and efforts to settle, the money or property involved, importance, complexity, skill and responsibility, time spent, where and how the work was done, and the last approved or agreed budget.

CPR 44.4 on legislation.gov.uk · Link to this rule

When costs payable under a contract are assessed, they are presumed reasonably incurred and reasonable in amount unless the contract expressly says otherwise. The presumptions can be rebutted (Practice Direction 44 gives examples), and they do not apply to a contract between solicitor and client.

CPR 44.5 on legislation.gov.uk · Link to this rule

When the court orders a party to pay another’s costs (fixed costs aside), it may assess them summarily, direct a summary assessment at a later date, or order detailed assessment by a costs officer. Since 1 October 2025, another judge who could have decided the claim or application can carry out that later summary assessment, if there is good reason.

In practice: For a summary assessment each party claiming costs files a statement of costs, following Form N260 as closely as possible, and serves it on the party it seeks them from, at least 2 days before a fast track trial and at least 24 hours before any other hearing (Practice Direction 44 para 9.5).

CPR 44.6 on legislation.gov.uk · Link to this rule

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A party must pay costs within 14 days of the judgment or order if it states the amount, or within 14 days of the costs certificate if the amount is decided later under Part 47, unless the court specifies another date.

CPR 44.7 on legislation.gov.uk · Link to this rule

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If a costs order is made against a legally represented party who is not present when it is made, the party’s legal representative must notify the party in writing within 7 days of receiving notice of the order.

CPR 44.8 on legislation.gov.uk · Link to this rule

A costs order on the standard basis is deemed made where a claim is struck out for unpaid fees or a dishonoured cheque, a Part 36 offer is accepted within the relevant period under CPR 36.13(1) or (2) (not before proceedings began), or a claimant discontinues. If Part 27 or Part 45 would otherwise apply, costs are decided under it.

In practice: Interest under the Judgments Act 1838 or the County Courts Act 1984 on a deemed order runs from the date of the event that gave rise to the right to costs (CPR 44.9(4)).

CPR 44.9 on legislation.gov.uk · Link to this rule

Costs order meanings →

If an order does not mention costs, the general rule is that no party is entitled to costs for it. But an order granting permission to appeal or to apply for judicial review, or made on a without-notice application, is deemed to include “applicant’s costs in the case”, which an affected party may apply to vary.

In practice: An appeal court that does not dismiss the appeal can deal with the costs below as well as the costs of the appeal, and a court receiving a transferred case can deal with all its costs, including those before transfer (CPR 44.10(4)–(5)).

CPR 44.10 on legislation.gov.uk · Link to this rule

Costs order meanings →

The court may disallow all or part of the costs being assessed, or order a party or its legal representative to pay costs it has caused another party, where they breached a rule, practice direction or order in connection with an assessment, or acted unreasonably or improperly before or during the proceedings or the assessment.

In practice: Where a receiving party is late commencing detailed assessment or requesting a hearing and the paying party has not applied for an order, the court can disallow interest but can impose any other sanction only under this rule (CPR 47.8(3), 47.14(4)).

CPR 44.11 on legislation.gov.uk · Link to this rule

Where a party entitled to costs is also liable to pay costs, the court may assess the costs it owes and either set them off against the costs it is owed, directing payment of any balance, or delay the certificate for its costs until it has paid.

In practice: Under QOCS, in proceedings issued on or after 6 April 2023, this rule applies where costs orders against a claimant are enforced against costs orders in the claimant’s favour (CPR 44.14(4)). In earlier proceedings, setting off costs against costs counts as enforcement and is limited to the damages and interest awarded (Ho v Adelekun [2021] UKSC 43).

CPR 44.12 on legislation.gov.uk · Link to this rule

QOCS applies to proceedings that include a claim for damages for personal injury, under the Fatal Accidents Act 1976, or for death or personal injury surviving for an estate. It does not apply to applications for pre-action disclosure, or where CPR 44.17 applies. “Claimant” includes someone bringing a counterclaim or additional claim.

In practice: The test is whether the proceedings include such a claim, so proceedings that combine personal injury with other claims, such as disrepair, can fall within it; CPR 44.16(2)(b) then lets the court give permission to enforce beyond the QOCS limit, to the extent it considers just (Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724).

CPR 44.13 on legislation.gov.uk · Link to this rule

Costs orders against a claimant can be enforced without permission only up to the total of orders for, and agreements to pay or settle a claim for, damages, costs and interest in the claimant’s favour, and only after the proceedings have concluded and the costs have been assessed or agreed. Deemed orders under CPR 44.9 count.

In practice: An order enforced only to that extent is not treated as an unsatisfied judgment on any court record. Agreements to pay or settle, costs and deemed orders count towards the limit, and costs can be set off against costs under CPR 44.14(4), only in proceedings issued on or after 6 April 2023 (SI 2023/105).

CPR 44.14 on legislation.gov.uk · Link to this rule

Costs orders can be enforced in full against the claimant without permission where the proceedings were struck out because the claimant disclosed no reasonable grounds for bringing them, they were an abuse of process, or the conduct of the claimant (or someone acting for them with their knowledge) was likely to obstruct their just disposal.

CPR 44.15 on legislation.gov.uk · Link to this rule

With permission, costs orders can be enforced in full where the claim is found, on the balance of probabilities, to be fundamentally dishonest. With permission, and as far as the court thinks just, they can be enforced where the proceedings include a claim for someone other than the claimant or a Fatal Accidents Act dependant, or claims outside QOCS.

In practice: Claims for gratuitous care, earnings paid by an employer and medical expenses do not count as claims for someone else’s benefit (CPR 44.16(2)(a)), and the court can order costs against the person who would benefit (CPR 44.16(3)).

CPR 44.16 on legislation.gov.uk · Link to this rule

QOCS does not apply where the claimant has a pre-commencement funding arrangement as defined in CPR 48.2: broadly, a conditional fee agreement with a success fee, or after-the-event insurance, made before 1 April 2013 for the matter, with different dates for insolvency, publication and privacy, and mesothelioma claims (CPR 48.2(1)(b)).

CPR 44.17 on legislation.gov.uk · Link to this rule

A damages-based agreement does not stop the court making a costs order in that party’s favour. Its costs are assessed in the usual way under CPR 44.3, but it cannot recover more than the total it has to pay under the agreement for the legal services the agreement covers.

CPR 44.18 on legislation.gov.uk · Link to this rule

Part 45 sets costs in the claims it covers. In Section IV, VI, VII or VIII claims the court can award only the Practice Direction 45 table fixed costs, as adjusted by the Part’s own rules (such as 45.3, 45.9, 45.10 and 45.13) and subject to CPR 44.5, unless both parties expressly agreed that Part 45 should not apply.

In practice: Sections VI and VII exclude claims about a home that include possession, disrepair or unlawful eviction (boundary disputes aside), so housing disrepair is outside both; Sections VI to VIII exclude protected parties. Table amounts are those at issue (45.1(8)), but the 6 April 2024 changes to Tables 12, 14 and 15 apply to later orders in earlier claims (45.1(9)).

CPR 45.1 on legislation.gov.uk · Link to this rule

VAT may be recovered, where appropriate, on top of the fixed costs in rules 45.8 and 45.15A and Sections IV, VI, VII, VIII and X; the fixed costs in those Sections are stated net of VAT.

CPR 45.2 on legislation.gov.uk · Link to this rule

Where fixed costs are payable under Sections IV, VI, VII or VIII, a receiving party who lives, works or carries on business in an area listed in Practice Direction 45, and instructs a legal representative with conduct who practises there, gets an extra 12.5% of the fixed costs, disbursements excluded.

In practice: The areas are those served by ten London County Court hearing centres, plus the Bromley, Croydon, Dartford and Uxbridge hearing centres (Practice Direction 45, Section II). Before 1 October 2023, rule 45.3 dealt with when a defendant is liable only for fixed commencement costs, now rule 45.18.

CPR 45.3 on legislation.gov.uk · Link to this rule

In fast track, intermediate track and noise induced hearing loss fixed costs claims, a litigant in person recovers under CPR 46.5 but, disbursements aside, no more than two-thirds of the fixed costs a represented party would get. Where a party was represented for some stages and not others, the cap works stage by stage.

CPR 45.4 on legislation.gov.uk · Link to this rule

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In fast and intermediate track fixed costs claims, each successful claimant usually gets the fixed costs of their own claim. Where one legal representative acts for several claimants with separate claims and the court orders it, they share one set of fixed costs, increased by 25% for each additional claimant.

In practice: The base is the fixed costs of the claimant with the highest damages, excluding disbursements and any Part 36 or unreasonable behaviour uplift; claimants who qualify also get London weighting (CPR 45.5(6)–(7)).

CPR 45.5 on legislation.gov.uk · Link to this rule

A defendant awarded costs in a fast track, intermediate track or noise induced hearing loss fixed costs claim gets the fixed costs in Sections VI to VIII plus Section IX disbursements. For Tables 12 and 14, the claim’s value replaces damages: the amount claimed, ignoring contributory negligence, undisputed sums, interest and costs, or the statement of value.

In practice: If the claim form says the likely recovery cannot be stated, the value is £25,000 on the fast track and £100,000 on the intermediate track; a claim with no money value takes the figures in rules 45.45 and 45.50. If the claim is discontinued, the Table 12 or 14 stage is the one reached at discontinuance (CPR 45.6(2)(b)).

CPR 45.6 on legislation.gov.uk · Link to this rule

In fast and intermediate track fixed costs claims, the fixed costs rules apply to a counterclaim as if it were a claim, but no costs are allowed where the only remedy counterclaimed is also a defence. In an RTA Protocol claim, a counterclaim without personal injury attracts half the Type A and Type B costs in Table 10.

CPR 45.7 on legislation.gov.uk · Link to this rule

In fast track, intermediate track and noise induced hearing loss fixed costs claims, the costs of a pre-action or interim application are the fixed sums in Table 1 of Practice Direction 45, plus any court fee.

In practice: Applications to reallocate a claim or change its complexity band are treated the same way (CPR 45.14(3)).

CPR 45.8 on legislation.gov.uk · Link to this rule

The court may consider a claim for more than the fixed recoverable costs (disbursements aside) in a fast track, intermediate track or noise induced hearing loss claim where there are exceptional circumstances making it appropriate. If so, it may assess the costs summarily or order detailed assessment.

In practice: The rule does not define exceptional circumstances. If the costs are assessed at less than 20% above the fixed costs, the party claiming gets the lower figure and may have to pay the costs of the exercise (CPR 45.11 and 45.12). Before 1 October 2023, rule 45.9 was the scope rule for road traffic fixed costs.

CPR 45.9 on legislation.gov.uk · Link to this rule

The court may also consider a claim for more than the fixed recoverable costs where a party or its witness is vulnerable, that vulnerability required additional work, and that extra work alone takes the claim to at least 20% more than the fixed costs. It may then assess summarily or order detailed assessment.

In practice: Rule 1.6 and Practice Direction 1A cover vulnerable parties and witnesses. Outside fixed costs, work caused by vulnerability counts towards proportionality (CPR 44.3(5)(f)).

CPR 45.10 on legislation.gov.uk · Link to this rule

If costs assessed under rule 45.9 or 45.10 come to less than 20% more than the fixed recoverable costs (excluding VAT), the party who made the claim is paid the lesser of the fixed recoverable costs and the assessed costs.

CPR 45.11 on legislation.gov.uk · Link to this rule

If the exceptional circumstances or vulnerability test is not met, the court may award only the fixed costs and permitted disbursements. Then, or where rule 45.11 applies, it may make no order on the costs of the costs-only proceedings or detailed assessment, or order the party who made the claim to pay some or all of them.

CPR 45.12 on legislation.gov.uk · Link to this rule

In fast track, intermediate track and hearing loss fixed costs claims, if a party the court considers to have behaved unreasonably is awarded costs, the other side can apply to cut them by 50% of the fixed costs or, if it is ordered to pay costs, to increase them by 50%. Unreasonable means conduct with no reasonable explanation.

In practice: The 50% leaves out VAT, Part 36 additional amounts and disbursements (CPR 45.13(3)(b)). A claim under this rule goes in Precedent U (CPR 45.63(2)).

CPR 45.13 on legislation.gov.uk · Link to this rule

If a fixed costs claim is reallocated to another track, the costs are those of the new track as if it had been allocated there from the start; the same applies when a fast or intermediate track claim moves to another complexity band. An application to reallocate or reband is treated as an interim application, with Table 1 costs.

CPR 45.14 on legislation.gov.uk · Link to this rule

In fast track, intermediate track and noise induced hearing loss fixed costs claims, the Part 36 fixed costs rules replace the Section’s own: CPR 36.23 when a Part 36 offer is accepted, and CPR 36.24 when a claimant fails to beat a defendant’s Part 36 offer at judgment.

CPR 45.15 on legislation.gov.uk · Link to this rule

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Where a claimant in a fast track, intermediate track or noise induced hearing loss fixed costs claim must restore a defendant company to the Companies Register in separate proceedings and then wins costs against it, the fixed costs may include the Table 15A amount for the restoration proceedings, with the disbursements that Table allows and VAT on them where appropriate.

CPR 45.15A on legislation.gov.uk · Link to this rule

It applies where the only claim is a specified sum over £25 ending in default judgment, judgment on admission, summary judgment or a struck-out defence, or where rule 45.19 applies; fixed-date goods claims; certain possession and demotion claims; enforcement under Parts 70 to 73; and CPR 27.14(2)(a) costs. Unless the court orders otherwise, only these legal representative’s charges are allowed.

In practice: Court fees are allowed on top, and nothing is allowed for legal representatives’ charges where the claim is for £25 or less. On the small claims track, the fixed issue costs CPR 27.14(2)(a) allows are the ones this Section sets.

CPR 45.16 on legislation.gov.uk · Link to this rule

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Where the claim form claims fixed commencement costs, the amount comes from Table 2 of Practice Direction 45, banded by the amount claimed or the value of the goods stated, with any Table 6 amounts added.

CPR 45.17 on legislation.gov.uk · Link to this rule

Fixed costs lookup: issue, judgment and enforcement →

If the only claim is for a specified sum and the defendant pays it, with the fixed commencement costs stated on the claim form, within 14 days of service of the particulars of claim, the defendant is not liable for any further costs unless the court orders otherwise.

In practice: Before 1 October 2023 this was rule 45.3.

CPR 45.18 on legislation.gov.uk · Link to this rule

Where fixed commencement costs were claimed and judgment is entered in the circumstances listed in Table 3, the judgment includes, for the legal representative’s charges, the fixed commencement costs plus the relevant Table 3 amount.

CPR 45.19 on legislation.gov.uk · Link to this rule

Fixed costs lookup: issue, judgment and enforcement →

In the possession, recovery of land, demotion and Welsh prohibited conduct claims covered by CPR 45.16(2)(c), (d) and (f), the fixed commencement costs are in Table 4, with any Table 6 amounts added.

CPR 45.20 on legislation.gov.uk · Link to this rule

Fixed costs lookup: issue, judgment and enforcement →

Table 5 of Practice Direction 45 sets the legal representative’s charges allowed on judgment in the possession, recovery of land, demotion and prohibited conduct claims within this Section.

CPR 45.21 on legislation.gov.uk · Link to this rule

Fixed costs lookup: issue, judgment and enforcement →

Table 6 of Practice Direction 45 sets fixed sums for particular steps: personal service by a party of a document other than the claim form, service by an alternative method or at an alternative place under CPR 6.15, and service out of the jurisdiction. They are added to other fixed costs where they apply.

CPR 45.22 on legislation.gov.uk · Link to this rule

Table 7 of Practice Direction 45 sets the legal representative’s costs allowed for enforcement steps, with any Table 6 amounts added.

CPR 45.23 on legislation.gov.uk · Link to this rule

Fixed costs lookup: issue, judgment and enforcement →

In claims within this Section, the only costs allowed are the fixed costs in Tables 10 and 11 of Practice Direction 45 and the disbursements allowed by Section IX.

CPR 45.28 on legislation.gov.uk · Link to this rule

Where a claimant leaves or ignores the Protocol, starts a Part 7 claim and wins, the court may limit it to Protocol fixed costs and disbursements if it gave insufficient information on the Claim Notification Form, acted unreasonably (for example by valuing the claim above £25,000), or did not use the Protocol at all.

In practice: If the claimant did not follow paragraph 6.3A(2) of the RTA Protocol, no costs or disbursements are allowed save in exceptional circumstances (CPR 45.35(3)). Where a claimant issues under the Protocol’s interim payment provisions and the court orders no more than the Protocol interim payment, costs are limited to Stage 1 and 2 fixed costs and disbursements (CPR 45.35(4)).

CPR 45.35 on legislation.gov.uk · Link to this rule

If a claimant who should have used the RTA Small Claims Protocol acted unreasonably, for example by overvaluing the claim to avoid it, or did not use it at all, and wins a Part 7 claim not allocated to the small claims track, the court may limit its costs to fixed costs and the disbursements allowed by Practice Direction 27B.

CPR 45.41 on legislation.gov.uk · Link to this rule

A claim that leaves the RTA Small Claims Protocol and does not then proceed under the RTA Protocol is dealt with under Section VI as if it had started under the RTA Protocol, unless the court makes an order under rule 45.41 or a party has become a protected party.

CPR 45.42 on legislation.gov.uk · Link to this rule

Section VI applies to any claim that would normally be, or is, allocated to the fast track, except where Section IV (Protocol portal claims), Section VII or Section VIII applies.

CPR 45.43 on legislation.gov.uk · Link to this rule

While the claim is not allocated to the small claims, intermediate or multi-track, the only costs allowed in a claim that would normally be, or is, on the fast track are the Table 12 fixed costs and the Section IX disbursements.

CPR 45.44 on legislation.gov.uk · Link to this rule

Explains Table 12. “Damages” means agreed or awarded money relief, with set figures for claims with no money value (£10,000, £15,000 or £20,000 in complexity bands 2, 3 and 4). The stage A to C figures are cumulative; stage D sums are separate where the claim is decided at trial, meaning the final hearing.

CPR 45.45 on legislation.gov.uk · Link to this rule

In a claim that would normally be in complexity band 4, Table 13 adds a fixed sum for advice from, or a statement of case drafted by, a specialist legal representative or the intended trial advocate, where using that person is justified. Normally only one advice is paid for.

CPR 45.46 on legislation.gov.uk · Link to this rule

A party awarded the costs of a preliminary issue gets the Table 12 fixed costs for the stage reached when it concluded. Costs at the end of the claim are then the fixed costs for the final stage less the stage B(1) amount. Costs of a preliminary issue are payable within 14 days unless the court orders otherwise.

CPR 45.48 on legislation.gov.uk · Link to this rule

Section VII sets the costs allowed in any claim that would normally be, or is, allocated to the intermediate track, unless Section IV, VI or VIII applies.

CPR 45.49 on legislation.gov.uk · Link to this rule

Until a case is allocated to the multi-track, the only costs allowed are the Table 14 fixed costs and Section IX disbursements. “Damages” means agreed or awarded money relief, with set figures of £25,000 to £100,000 by band for claims with no money value. Stage S1 costs are assessed up to the Table figure, but fixed in personal injury claims.

In practice: Stages S1, S3 to S6 and S8 are cumulative; S2, S7 and S9 to S15 are separate sums for steps actually taken. The specialist stages (S2 and S7 advice or drafting, S14 attendance at ADR) need a specialist legal representative or the intended trial advocate, and the use of that person must be justified.

CPR 45.50 on legislation.gov.uk · Link to this rule

A party awarded the costs of a preliminary issue gets the Table 14 fixed costs for the stage reached when it concluded, plus trial and other stage fees where they apply. Costs at the end of the claim deduct the stage S3 amount, and only one set of S13 and S14 fees is recoverable by any party.

CPR 45.51 on legislation.gov.uk · Link to this rule

Section VIII covers claims for noise induced hearing loss that were, or should have been, started under Annex E of the Pre-Action Protocol for Disease and Illness Claims and would normally be, or are, allocated to the fast track. Unless a rule says otherwise, its costs apply to claimants and defendants alike.

In practice: On our reading of rules 45.49(1)–(2) and 45.52(1)(b), a hearing loss claim that would normally be on the intermediate track is not in this Section: Section VII applies to it instead.

CPR 45.52 on legislation.gov.uk · Link to this rule

The only costs allowed are the Table 15 fixed costs and the Section IX disbursements. The cost of any additional pre-litigation advice is part of the Stage A costs and cannot be recovered separately.

CPR 45.53 on legislation.gov.uk · Link to this rule

Table 15 counts the active defendants against whom the claimant settles or wins. Where all defendants admit liability and co-ordinate settlement, only one set of Stage 2 costs is allowed. Where some settle before litigation and others deny liability, later stages run against the others, with credit for the costs already payable.

CPR 45.54 on legislation.gov.uk · Link to this rule

If the claimant wins a preliminary trial on limitation and is awarded costs, the fixed costs can include the stages that would apply to a trial, including advocacy fees. If the claim then succeeds, the claimant gets further fixed costs for the litigation stages only, starting with stage L2.

CPR 45.55 on legislation.gov.uk · Link to this rule

In claims under Sections IV, VI, VII and VIII the court may allow a disbursement of a type listed in rules 45.58 to 45.61, in an amount that is reasonable and proportionate, but no other type. VAT may be added where appropriate.

CPR 45.57 on legislation.gov.uk · Link to this rule

In road traffic soft tissue and whiplash claims, medical report and records costs are fixed. Where the CNF or letter of claim was sent from 6 April 2025: £226 for the first MedCo report, set fees for justified further reports, records at £38 plus the holder’s charge (£100 a set at most), £63 an addendum, £100 for Part 35 answers.

In practice: Where the CNF or letter of claim was sent before 6 April 2025 the old figures apply: £180 first report; £420, £360, £180 or £180 further reports; records £30 plus the holder’s charge (£80 cap); £50 addendum; £80 Part 35 answers (SI 2025/106 r.2(1)). Figures exclude VAT. No fee is allowed, save exceptionally, for a treating or treatment-linked expert (45.62(3)).

CPR 45.62 on legislation.gov.uk · Link to this rule

When the court orders costs at the end of a hearing it will, failing agreement, decide the fixed costs and disbursements summarily. A party claiming them must file and serve a completed Precedent U, including any claim under rules 45.9, 45.10 or 45.13, at least 24 hours before the hearing.

In practice: If the court cannot decide at the hearing, it can direct a later determination, with the costs of that treated as an interim application under rule 45.8.

CPR 45.63 on legislation.gov.uk · Link to this rule

Where everything but the Part 45 costs is agreed in writing, the receiving party applies under Part 23, or by costs-only proceedings under CPR 46.14 if no claim was issued. The court decides on paper; a party can ask for a hearing within 21 days but pays the hearing’s costs unless it achieves a 20% adjustment in its favour.

In practice: The evidence must include the written agreement and a completed Precedent U; the response, with a completed response to it, is due within 21 days of service (or of acknowledging service in costs-only proceedings). The application attracts the Table 17 costs and any court fee.

CPR 45.64 on legislation.gov.uk · Link to this rule

A party seeking an assessment under rule 45.9 (exceptional circumstances), 45.10 (vulnerability) or 45.50(3) (intermediate track stage S1) must notify the court, which can direct that the assessment take place alongside the fixed costs determination.

CPR 45.65 on legislation.gov.uk · Link to this rule

Part 36 does not apply to any fixed costs determination under Section X.

CPR 45.66 on legislation.gov.uk · Link to this rule

On an application for pre-action disclosure, or for disclosure or inspection against a non-party, the general rule is that the person against whom the order is sought gets its costs of the application and of complying. The court can order otherwise, considering whether opposing was reasonable and whether any pre-action protocol was followed.

CPR 46.1 on legislation.gov.uk · Link to this rule

When the court is considering a costs order for or against a non-party under section 51 of the Senior Courts Act 1981, that person must be added as a party for costs only and given a reasonable opportunity to attend a hearing. Wasted costs, legal aid orders against the Lord Chancellor and CPR 46.1 applications are excluded.

In practice: Since 1 October 2025, the ordinary joinder rules in CPR 19.4 and 20.7 do not apply to that joinder (CPR 46.2(3)).

CPR 46.2 on legislation.gov.uk · Link to this rule

Costs order meanings →

A trustee or personal representative who is a party in that capacity is generally entitled to its costs out of the trust fund or estate, so far as not recovered from anyone else, assessed on the indemnity basis. The rule does not apply where the costs are payable under a contract (CPR 44.5).

CPR 46.3 on legislation.gov.uk · Link to this rule

Where money is ordered or agreed to be paid to, or ordered to be paid by, a child or protected party, generally the court must order detailed assessment of costs payable by them or out of their money, and assess the costs payable to them unless a default costs certificate has issued or Part 45 Section IV fixed costs apply.

In practice: The child or protected party pays only what the court certifies. Where the only costs are a success fee or the balance under a damages-based agreement, the court can assess them summarily (CPR 46.4(5)); Practice Direction 46 lists other cases where assessment is not needed.

CPR 46.4 on legislation.gov.uk · Link to this rule

A litigant in person recovers for the kinds of work and disbursements a lawyer would be allowed, payments for legal services and expert help with the costs claim, capped (disbursements aside) at two-thirds of what a legal representative would have got. Time is paid at proven financial loss or, if none is proved, the Practice Direction 46 rate.

In practice: The Practice Direction 46 rate is £24 an hour (para 3.4). Companies acting without a lawyer count as litigants in person, as do barristers, solicitors, solicitors’ employees and other authorised litigators acting in person, unless represented by a firm in which they are a partner.

CPR 46.5 on legislation.gov.uk · Link to this rule

Litigant in person costs calculator →

Under a group litigation order, an order for common costs against group litigants makes each severally liable for an equal share, unless the court orders otherwise. A paying group litigant is generally liable for its own individual costs plus an equal share of the common costs, and the court splits mixed hearings between common and individual costs.

CPR 46.6 on legislation.gov.uk · Link to this rule

Where a party had free legal representation, the court can order the other side to pay the prescribed charity a sum equal to the costs that would have been awarded, assessed summarily or in detail, or up to the Part 45 fixed costs where that Part applies. The receiving party must send the order to the charity within 7 days.

CPR 46.7 on legislation.gov.uk · Link to this rule

Before making a wasted costs order against a legal representative under section 51(6) of the Senior Courts Act 1981, the court must give the representative a reasonable opportunity to make written submissions or, if preferred, attend a hearing. The order states the amount, or directs a costs judge or District Judge to decide it.

In practice: The court may direct that the representative’s client be told of the proceedings or of any order made.

CPR 46.8 on legislation.gov.uk · Link to this rule

Costs order meanings →

On assessing a solicitor’s bill to its own client (legal aid bills aside), costs are assessed on the indemnity basis and presumed reasonable if the client expressly or impliedly approved them, but presumed unreasonably incurred if unusual in nature or amount and the client was not told they might not be recovered from the other side.

In practice: Section 74(3) of the Solicitors Act 1974 applies unless a written agreement expressly allows the solicitor more than the client could have recovered from another party.

CPR 46.9 on legislation.gov.uk · Link to this rule

After an order under Part III of the Solicitors Act 1974 for assessment of a solicitor’s bill, the solicitor serves a breakdown within 28 days, the client serves points of dispute within 14 days, and any reply follows within 14 days. Either party may request a hearing after points of dispute, no later than 3 months after the order.

In practice: The request for a hearing date is made on Form N258C (Practice Direction 46 para 6.10). The court can order a different procedure.

CPR 46.10 on legislation.gov.uk · Link to this rule

N258A, N258B and N258C builder →

Omitted on 1 October 2023 by SI 2023/572, the rules that extended fixed recoverable costs. It used to point to the special costs rules for the small claims track (Part 27) and fast track trial costs, and apply them before allocation as well as after.

In practice: Small claims costs are in CPR 27.14; fast track fixed costs, for claims within them, in Part 45 Section VI. The omission follows SI 2023/572’s transitional rule, so the former rule still applies to claims outside the 2023 fixed costs reforms.

CPR 46.11 on legislation.gov.uk · Link to this rule

Small claims costs checker →

Omitted on 1 October 2023 by SI 2023/572. It used to cap an advocate’s costs of preparing for a fast track trial that settled beforehand at the fast track trial costs that would have been payable.

In practice: The omission follows SI 2023/572’s transitional rule, so the former rule still applies to claims outside the 2023 fixed costs reforms.

CPR 46.12 on legislation.gov.uk · Link to this rule

Costs orders made before a claim is allocated are not affected by allocation. Where a claim ended without being allocated and costs are assessed on the standard basis, the court may restrict them to what would have been allowed on the track the claim would have gone to.

In practice: Paragraph (2), on costs after re-allocation, was omitted on 1 October 2023 but still applies to claims outside the 2023 fixed costs reforms (SI 2023/572 r.2); re-allocation of fixed costs claims is dealt with by CPR 45.14.

CPR 46.13 on legislation.gov.uk · Link to this rule

Where the parties have agreed everything in writing, including who pays costs, but not the amount, and no proceedings have started, the route is a Part 8 claim with the agreement; the court can order the costs assessed or determine fixed costs. A party who ignores it gets no more costs than under it and may pay the other side’s.

In practice: The contractual presumptions in CPR 44.5 do not apply, and the rule does not apply to disputes under section 10 of Practice Direction 27B. In claims with Part 45 fixed costs, CPR 45.64 adapts the procedure.

CPR 46.14 on legislation.gov.uk · Link to this rule

In judicial review proceedings, a relevant party may apply for an order that an intervener pay costs under section 87 of the Criminal Justice and Courts Act 2015.

CPR 46.15 on legislation.gov.uk · Link to this rule

Subject to rule 46.22, the court will not order a party to pay total costs of more than £60,000 on the final determination of liability, or £30,000 on an inquiry as to damages or an account of profits, after set-off. Stage maximums are in Practice Direction 46; court fees, enforcement costs, wasted costs and VAT can be added.

CPR 46.21 on legislation.gov.uk · Link to this rule

In a claim for environmental review under Section III of Part 54, no party, including an intervener or interested party, is entitled to costs against another, except that the court may order costs against a party whose conduct, or whose legal representative’s conduct, was unreasonable or improper.

CPR 46.23 on legislation.gov.uk · Link to this rule

A claimant cannot be ordered to pay more than £5,000 if claiming only as an individual, or £10,000 in other cases, and a defendant no more than £35,000. With several claimants or defendants, the limits apply to each one. The court can vary or remove them under rule 46.27.

CPR 46.26 on legislation.gov.uk · Link to this rule

The court can vary or remove the limits only on an application in the claim form or acknowledgment of service (or later, after a significant change of circumstances), if the change would not make the proceedings prohibitively expensive for the claimant and, where it lowers a claimant’s limit or raises a defendant’s, they would be prohibitively expensive without it.

CPR 46.27 on legislation.gov.uk · Link to this rule

The general rule is that costs are not assessed by detailed assessment until the proceedings, or the relevant part of them, have concluded, but the court may order them to be assessed immediately.

In practice: Proceedings are concluded when the court has finally decided the matters in issue, whether or not there is an appeal, and the court may order, or the parties agree in writing, that they be treated as concluded (Practice Direction 47 paras 1.1 and 1.2).

CPR 47.1 on legislation.gov.uk · Link to this rule

An appeal does not stay detailed assessment unless the court orders a stay.

In practice: If a stay pending appeal is ordered, the 3 months to commence run from the order lifting it (CPR 47.7).

CPR 47.2 on legislation.gov.uk · Link to this rule

An authorised court officer has the court’s powers on detailed assessment except to make wasted costs orders, misconduct orders under CPR 44.11, the delay sanctions in rules 47.8 and 47.14(3) and (4), or to assess a solicitor’s bill to its own client (unless under CPR 46.4). A party can object to assessment by an authorised court officer.

In practice: In the Costs Office, authorised court officers deal with bills whose base costs, excluding VAT, are up to £35,000 (senior executive officers) or £110,000 (principal officers) (Practice Direction 47 para 3.1).

CPR 47.3 on legislation.gov.uk · Link to this rule

All applications and requests in detailed assessment proceedings go to the appropriate office, defined in Practice Direction 47. The court may direct that it is the Senior Courts Costs Office or, in the County Court, another hearing centre, without transferring the proceedings.

In practice: For the London County Court hearing centres listed in Practice Direction 47 para 4.2, a request for a detailed assessment hearing goes to the Senior Courts Costs Office, while default costs certificates are dealt with by the local hearing centre.

CPR 47.4 on legislation.gov.uk · Link to this rule

N258 detailed assessment request builder →

Section II applies where a costs officer is to make a detailed assessment of costs payable by one party to another, or of a sum payable to the prescribed charity under a pro bono order.

CPR 47.5 on legislation.gov.uk · Link to this rule

Detailed assessment proceedings start when the receiving party serves on the paying party a notice of commencement in the prescribed form, the bill of costs and, where Practice Direction 47 requires, a breakdown of the costs claimed for each phase. Copies go to any other relevant person, who becomes a party.

In practice: The notice is Form N252. Practice Direction 47 para 5.2 also requires counsel’s and experts’ fee notes, written evidence of any other disbursement over £500 and, where there is a costs management order, a phase breakdown (Precedent Q) unless the electronic bill already gives it.

CPR 47.6 on legislation.gov.uk · Link to this rule

N252 notice of commencement builder →

Detailed assessment proceedings must be commenced within 3 months of the judgment, order or other determination (or of an order lifting a stay pending appeal), of service of a notice of discontinuance (or dismissal of an application to set it aside), or of the right to costs arising on acceptance of a Part 36 offer.

In practice: Missing the 3 months does not by itself end the right to costs: CPR 47.8 sets out what can follow.

CPR 47.7 on legislation.gov.uk · Link to this rule

Detailed assessment deadline calculator →

If commencement is late, the paying party can apply for an order that the receiving party commence by a set date, failing which all or part of the costs may be disallowed. Without such an application, the court may disallow all or part of the interest on the costs, but no other sanction except under CPR 44.11.

CPR 47.8 on legislation.gov.uk · Link to this rule

Interest on costs calculator →

The paying party, and any other party, may dispute items in the bill by serving points of dispute within 21 days after service of the notice of commencement. A party who serves late may not be heard further without permission. If none are served in time, the receiving party may request a default costs certificate.

In practice: Points of dispute served late, but before a default costs certificate is issued, stop the court issuing one (CPR 47.9(5)). Practice Direction 47 para 8.2 requires them to be short, to the point and to follow Precedent G as far as practicable.

CPR 47.9 on legislation.gov.uk · Link to this rule

Detailed assessment deadline calculator →

If the paying and receiving parties agree the amount of costs, either may apply for an interim or final costs certificate in the agreed sum, to the court that would be the venue for the detailed assessment.

CPR 47.10 on legislation.gov.uk · Link to this rule

A receiving party entitled to a default costs certificate requests it in the prescribed form. The certificate includes an order to pay the costs, and the costs of commencing the detailed assessment are the sum Practice Direction 47 sets.

In practice: The request is Form N254. Unless the court orders otherwise, the fixed costs included are £80 plus the court fee for issuing the certificate (Practice Direction 47 para 10.7).

CPR 47.11 on legislation.gov.uk · Link to this rule

N254 default costs certificate builder →

The court must set aside a default costs certificate if the receiving party was not entitled to it. In any other case it may set it aside or vary it if there is some good reason why the detailed assessment proceedings should continue.

In practice: An application must be supported by evidence, the court considers whether it was made promptly, and as a general rule it should come with the bill, the certificate and draft points of dispute (Practice Direction 47 para 11.2).

CPR 47.12 on legislation.gov.uk · Link to this rule

N244 application notice builder →

Where points of dispute are served, the receiving party may serve a reply on the other parties within 21 days after being served with them. A reply is optional.

In practice: A reply must be limited to points of principle and concessions, with no general, specific or standard form denials (Practice Direction 47 para 12.1), and should be set out in Precedent G where practicable.

CPR 47.13 on legislation.gov.uk · Link to this rule

Detailed assessment deadline calculator →

Once points of dispute are served, the receiving party must request a hearing within 3 months of the commencement deadline. If it is late, the paying party can apply for an order to file by a set date or lose costs; absent that, the court may disallow interest. Only items in the points of dispute can be raised without permission.

In practice: The request is Form N258 (Practice Direction 47 para 13.2). Where an assessment spans more than one hearing, time for appealing runs from the end of the final hearing unless the court orders otherwise (CPR 47.14(7)).

CPR 47.14 on legislation.gov.uk · Link to this rule

N258 detailed assessment request builder →

Bills claiming £75,000 or less (PD 47 para 14.1) are assessed provisionally on paper. Without a further hearing, the costs of the assessment are capped at £1,500 plus VAT and court fees, bill drafting aside. A party may ask for an oral hearing within 21 days, but pays the hearing’s costs unless it achieves a 20% adjustment in its favour.

In practice: The request must identify the items to be reviewed and give a time estimate, and the court can order otherwise on the costs of the hearing. It can also decide at any time that a case is unsuitable for provisional assessment and list it for a hearing under CPR 47.14.

CPR 47.15 on legislation.gov.uk · Link to this rule

Detailed assessment deadline calculator →

Once the receiving party has filed a request for a detailed assessment hearing, the court may issue an interim costs certificate for such sum as it considers appropriate, or amend or cancel one. It includes an order to pay unless the court orders otherwise, and the court can order the sum paid into court.

CPR 47.16 on legislation.gov.uk · Link to this rule

The receiving party files a completed bill, showing the amount due after the assessment, within 14 days after the end of the detailed assessment hearing. The court then issues a final costs certificate, including an order to pay, and serves it on the parties, unless it has ordered that no certificate issue until other costs are paid.

In practice: Payment is then due within 14 days of the certificate unless the court specifies another date (CPR 44.7).

CPR 47.17 on legislation.gov.uk · Link to this rule

Detailed assessment deadline calculator →

The solicitor of a legally aided client starts detailed assessment of legal aid costs by filing a request within 3 months of the right arising. The court fixes a hearing if the client wants to attend; otherwise it assesses provisionally unless a hearing is needed, and the solicitor can ask for one within 14 days of getting the bill back.

In practice: The request is Form N258A (Practice Direction 47 para 17.2).

CPR 47.18 on legislation.gov.uk · Link to this rule

N258A, N258B and N258C builder →

Where costs are payable out of a fund other than legal aid, the receiving party starts detailed assessment by filing a request in the prescribed form within 3 months of the right arising. The court assesses provisionally unless a hearing is needed, and fixes one if asked within 14 days of receiving the provisionally assessed bill.

In practice: The request is Form N258B (Practice Direction 47 para 18.3). The court may direct service on anyone with a financial interest in the outcome.

CPR 47.19 on legislation.gov.uk · Link to this rule

N258A, N258B and N258C builder →

The receiving party is entitled to the costs of the detailed assessment proceedings unless an Act, rule or practice direction provides otherwise or the court orders otherwise, considering conduct, how far the bill was reduced and whether it was reasonable to claim or dispute items. Part 36 applies with modifications, and the court usually assesses these costs summarily.

In practice: For CPR 36.17 the assessment is treated as an independent claim, and interest on its costs runs from the default, interim or final costs certificate unless the court orders otherwise (CPR 47.20(6)–(7)).

CPR 47.20 on legislation.gov.uk · Link to this rule

Part 36 calculator →

Any party to detailed assessment proceedings may appeal against a decision of an authorised court officer in those proceedings.

In practice: Appeals from a costs judge or District Judge are not under this Section: Part 52 governs them.

CPR 47.21 on legislation.gov.uk · Link to this rule

An appeal against a decision of an authorised court officer lies to a costs judge or a District Judge of the High Court.

CPR 47.22 on legislation.gov.uk · Link to this rule

The appellant must file an appeal notice within 21 days after the date of the decision. The court then serves a copy on the parties to the detailed assessment proceedings and gives them notice of the appeal hearing.

CPR 47.23 on legislation.gov.uk · Link to this rule

CPR deadline calculator →

On an appeal from an authorised court officer the court re-hears the proceedings that led to the decision, and may make any order and give any directions it considers appropriate.

CPR 47.24 on legislation.gov.uk · Link to this rule