Legal costs help for solicitors

Yes, if it fails. Under the indemnity principle a paying party need not pay more than the client owes its own solicitor, so an unenforceable conditional fee agreement can cut the recoverable costs to nil. Keep the signed agreement, the client care letter and the agreed rates, because the certificates in the bill rely on them (PD 47 para 5.21).

Rules: Practice Direction 47

See: the indemnity principle · HD v North Devon: an unenforceable retainer

Generally no, for conditional fee agreements made from 1 April 2013 (Courts and Legal Services Act 1990, s.58A(6)). The client pays it: up to 100% of base costs and, in personal injury claims at first instance, 25% of damages for pain, suffering and loss of amenity and past financial loss, net of CRU (CFA Order 2013, arts 3, 5).

Rules: Courts and Legal Services Act 1990, s.58A, Conditional Fee Agreements Order 2013

See: conditional fee agreements

Generally no, for policies taken out on or after 1 April 2013. Clinical negligence is the exception: in claims worth more than £1,000, the part of the premium covering expert reports on liability or causation, as stated in the policy, can still be recovered (Courts and Legal Services Act 1990, s.58C; S.I. 2013/739, reg 3).

Rules: Courts and Legal Services Act 1990, s.58C, S.I. 2013/739, reg 3

See: after the event insurance

Yes. In Mazur [2026] EWCA Civ 369, the Court of Appeal held unauthorised staff may carry out litigation tasks for and on behalf of an authorised individual who retains responsibility and supervises properly. Costs work by others, such as a bill or Points of Dispute, is no different: the solicitor with conduct stays responsible for what is filed and served.

Rules: Mazur [2026] EWCA Civ 369

See: Mazur and the conduct of litigation

Where costs management applies: with the directions questionnaire if the claim form states a value under £50,000, otherwise at least 21 days before the first CMC; budget discussion reports 7 days before it (CPR 3.13). A late budget limits recovery to court fees unless relief is granted (CPR 3.14). Pilot claims (PD 51ZG2, 51ZG3) use Precedent Z instead.

Rules: CPR Part 3

See: costs budgets · clinical negligence costs budgets and the CCMC

Accepted within the relevant period, the claimant gets the costs of the proceedings to the date of acceptance, on the standard basis unless costs are fixed, under a deemed costs order (CPR 36.13, 44.9). Accepted late, the claimant usually gets costs to the end of the period and the party accepting pays the other party's costs after it (CPR 36.13(5)).

Rules: CPR Part 36, CPR Part 44

Part 36 calculator →See: Part 36 costs consequences

Unless the court considers it unjust: interest on damages at up to 10% above base rate, and indemnity costs with interest at up to the same rate, all from the end of the relevant period, plus an additional 10% of damages up to £500,000 and 5% above that, capped at £75,000 (CPR 36.17(4)). Fixed costs claims follow CPR 36.24.

Rules: CPR Part 36

See: what beating your own offer is worth in housing disrepair

Unless unjust, the defendant is entitled to its costs from the end of the relevant period, with interest (CPR 36.17(3); fixed costs claims, CPR 36.24). Under QOCS, it can enforce them without permission only up to damages and interest ordered for the claimant, or, in claims issued from 6 April 2023, damages, interest and costs ordered or agreed (CPR 44.14).

Rules: CPR Part 36, CPR Part 44, Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105)

Part 36 calculator →See: Part 36 costs consequences

In personal injury claims, including clinical negligence and hearing loss, costs orders against the claimant are enforceable without permission only up to damages and interest ordered for it or, in claims issued from 6 April 2023, damages, interest and costs ordered or agreed (CPR 44.14). Strike-out (CPR 44.15) or permission under CPR 44.16 lifts that cap.

Rules: CPR Part 44, Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105)

See: QOCS · Ritchie v Royal Wolverhampton on QOCS

Costs in the case: whoever wins the costs of the claim also gets the costs of that hearing. Claimant's costs in the case: the claimant gets them if it wins its costs, but never pays the defendant's. Costs reserved: the decision is deferred, and if no later order is made they become costs in the case (PD 44 para 4.2).

Rules: Practice Direction 44

See: the interim costs orders

For any hearing where costs may be summarily assessed, usually one lasting a day or less. File and serve it at least 24 hours before the hearing, or 2 days before a fast track trial (PD 44 para 9.5(4)). A failure without reasonable excuse is taken into account when the court decides the costs (PD 44 para 9.6).

Rules: Practice Direction 44

N260 statement of costs builder →See: our N260 and summary assessment guide

A claim form sent by post, document exchange or email is deemed served on the second business day after the step taken to serve it (CPR 6.14). From service of the particulars, the defendant has 14 days to acknowledge service or file a defence, or 28 days to defend if it acknowledges service (CPR 10.3, 15.4).

Rules: CPR Part 6, CPR Part 10, CPR Part 15

deemed service calculator →

Since 27 October 2025, social landlords in England must deal with significant damp and mould hazards within 10 working days to investigate, 3 for the written summary and 5 for safety work, and with emergency hazards within 24 hours (S.I. 2025/1042). Draft regulations would extend this to more hazards from 30 November 2026, subject to Parliament's approval.

Rules: S.I. 2025/1042, Draft Awaab’s Law Phase 2 regulations

Awaab’s Law timescales checker →See: what Phase 2 changes

Who pays the costs, on what basis (standard or indemnity), whether any offer is inclusive of costs, and that the costs are to be assessed if not agreed. If the claim was never issued there is no costs order to assess, so the written agreement must support costs-only proceedings (CPR 46.14).

Rules: CPR Part 46, CPR Part 44

See: the costs recovery checklist · the standard basis

If every issue is agreed in writing, including who pays the costs, but not the amount, start costs-only proceedings with a Part 8 claim form, Form N208 (CPR 46.14). The court may then order the costs to be assessed; if the defendant opposes the claim, it gives directions instead (PD 46 para 9.10). Check the issue fee first.

Rules: CPR Part 46, Practice Direction 46

civil court fees calculator →See: our CPR 46.14 guide

Not automatically. Where a claim ends before allocation, the court assessing the costs may restrict them to what the likely track would have allowed (CPR 46.13(3)), but a low figure alone does not decide the track. In housing disrepair, the cost of the repairs counts as well as the damages.

Rules: CPR Part 46

See: Smith v Wigan on a £1,000 settlement · small claims track costs

Only if accepted within the relevant period after proceedings have started: a costs order is deemed made on the standard basis, unless small claims or fixed costs rules apply, with interest from acceptance (CPR 44.9(1), (4)). Late acceptance needs agreement or a court order on costs (CPR 36.13(4)). Pre-issue acceptance gives no deemed order (CPR 44.9(2)); use costs-only proceedings.

Rules: CPR Part 44, CPR Part 36

See: Part 36 offers

A consent order can be enforced directly. A Tomlin order stays the claim, and the agreed terms in its schedule are enforced by applying under the order's liberty to apply. Put any payment and assessment of costs in the body of the order, not the schedule (PD 40B para 3.5), so there is an order to assess.

Rules: Practice Direction 40B

See: breach of settlement in housing disrepair

Serve a notice of commencement (Form N252), the bill and the documents in PD 47 para 5.2 on the paying party within 3 months of the judgment, order or other event giving the right to costs (CPR 47.6, 47.7). Starting late does not end the claim, but interest can be disallowed, and costs too under an unless order (CPR 47.8).

Rules: CPR Part 47

N252 notice of commencement builder →See: notices of commencement

Points of Dispute are due 21 days after service of the notice of commencement (CPR 47.9(2)). If none arrive in time, request a default costs certificate, Form N254 (CPR 47.9(4), 47.11); it cannot issue if late Points arrive first (CPR 47.9(5)). It adds £80 fixed costs and the court fee (PD 47 para 10.7), payable within 14 days (CPR 44.7).

Rules: CPR Part 47, Practice Direction 47

N254 default costs certificate builder →See: default costs certificates

They must be short, follow Precedent G so far as practicable, raise points of principle first, then state concisely the grounds of each specific dispute, and come with an open letter stating what sum, if any, the paying party offers (PD 47 paras 8.2, 8.3). A party serving them late may not be heard further without permission (CPR 47.9(3)).

Rules: CPR Part 47, Practice Direction 47

detailed assessment deadline calculator →See: Points of Dispute

No, but it usually helps. Replies may be served within 21 days of service of the Points of Dispute (CPR 47.13) and must be limited to points of principle and concessions, with no general denials, specific denials or standard form responses (PD 47 para 12.1). On a provisional assessment the judge reads them with the bill.

Rules: CPR Part 47, Practice Direction 47

See: Replies to Points of Dispute · the 12 most common Points of Dispute in housing disrepair

File the request (Form N258) within 3 months after the last day for starting detailed assessment (CPR 47.14(1)), with the documents in PD 47 para 13.2. If late, the paying party can apply for an order that costs are disallowed unless the request is filed by a set date; otherwise the court may disallow interest (CPR 47.14(2) to (4)).

Rules: CPR Part 47, Practice Direction 47

N258 detailed assessment request builder →detailed assessment deadline calculator →

Bills of £75,000 or less are assessed on paper, with a 6-week target (CPR 47.15; PD 47 para 14.4). If it ends there, assessment costs, excluding drafting the bill, are capped at £1,500 plus VAT and court fees. A party then asking for an oral hearing pays for it unless it improves its position by 20% or more (CPR 47.15(10)).

Rules: CPR Part 47, Practice Direction 47

See: provisional assessment · why the Replies matter on a provisional assessment

Usually the paying party, but the court looks at conduct, how far the bill was reduced and whether items were reasonably claimed or disputed (CPR 47.20(1), (3)). Offers count: a Part 36 offer on the bill can shift the costs of the assessment, so make one early (CPR 47.20(4)).

Rules: CPR Part 47

See: costs negotiation

If the case was in a London County Court hearing centre listed in PD 47 para 4.2, such as Central London, Wandsworth or Clerkenwell and Shoreditch, file the request for an assessment hearing at the Senior Courts Costs Office, on CE-File, while default costs certificates are still issued locally. London High Court cases also go to the SCCO.

Rules: Practice Direction 47

N258 detailed assessment request builder →See: the SCCO and costs in London · the Senior Courts Costs Office

Yes for Part 7 multi-track claims, for work done after 6 April 2018, unless the costs are fixed or scale costs, the receiving party is unrepresented, or the court orders otherwise (PD 47 para 5.1). Precedent S is the model spreadsheet. Other bills may be paper or electronic.

Rules: Practice Direction 47

J-code and Precedent S code lookup →See: Precedent S in clinical negligence

Usually a solicitor, counsel or a Costs Lawyer, though a party may appear in person (Legal Services Act 2007, Sch 3 para 1(6)). DMD Costs prepares bills, Points of Dispute, Replies and hearing papers, and briefs whoever attends; it does not appear as advocate.

Rules: Legal Services Act 2007, Sch 3

See: who does what in costs work

A decision of an authorised court officer can be appealed, without permission, to a costs judge or a district judge of the High Court by an appeal notice filed within 21 days; the appeal is a rehearing (CPR 47.21 to 47.24; PD 47 para 20). Appeals from a costs judge or district judge go under Part 52 and need permission.

Rules: CPR Part 47, Practice Direction 47

See: Form N161, the appellant's notice

Within 14 days of the judgment or order if it states the amount, or of the certificate that sets it, unless the court orders otherwise (CPR 44.7). After a detailed assessment the court issues a final costs certificate on Form N256 once the completed bill is filed (CPR 47.17).

Rules: CPR Part 44, CPR Part 47

detailed assessment deadline calculator →See: final costs certificates

Yes, at 8% a year: in the High Court under the Judgments Act 1838, s.17; in the County Court only on orders of £5,000 or more, not while payment is deferred, and not after most enforcement steps (1991 Order, arts 1–4). It runs from the order's date unless the court sets another (CPR 44.2(6)(g)), on the unpaid balance.

Rules: Judgments Act 1838, s.17, County Courts (Interest on Judgment Debts) Order 1991, CPR Part 44

interest on costs calculator →

A costs certificate is enforced like a judgment: a writ or warrant of control, a charging order, a third party debt order or an attachment of earnings order, each with a court fee. There is no execution against the Crown: for the MoD, apply for a certificate under the Crown Proceedings Act 1947, s.25, which the department must then pay.

Rules: Crown Proceedings Act 1947, s.25

civil court fees calculator →

Yes. When the court orders a party to pay costs subject to detailed assessment, it will order a reasonable sum on account unless there is good reason not to (CPR 44.2(8)). After a request for an assessment hearing, the receiving party can also ask for an interim costs certificate (CPR 47.16).

Rules: CPR Part 44, CPR Part 47

See: payments on account · Cubic v TfL on how much to pay on account

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Solicitors, legal executives, paralegals and costs professionals on either side of a civil claim in England and Wales. They apply the rules as they stand on the date shown on each tool: a guide, not legal advice.

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