A paying party has 21 days from the date of service of the notice of commencement to serve Points of Dispute, under CPR 47.9. If Points of Dispute are not served within this window, the receiving party is entitled to apply for a default costs certificate for the whole of the costs claimed in the bill of costs.

That’s the short answer, but the 2-day rule sits within a wide Part 47 timetable, and getting the surrounding steps wrong is just as likely to cause problems as missing the deadline itself. This guide sets out when the clock starts, what happens if it’s missed, whether it can be extended, and what a compliant response actually needs to contain.

When Does the 21-Day Clock Start?

Detailed assessment proceedings begin when the receiving party serves the notice of commencement together with the bill of costs on the paying party, under CPR 47.6. Practice Direction 47, paragraph 5.2 specifies that service must include the bill of costs, the notice of commencement (Form N252), and a copy of the costs order or authority for costs.

It’s the date of valid service of the notice of commencement that starts the 21-day period, not the date of the costs order itself, and not the date the bill was drafted. Where service is disputed, this can become a live issue in its own right, so keeping clear proof of service matters as much for the receiving party protecting the deadline as for the paying party relying on it.

What Must Points of Dispute Contain?

Under CPR 47.9 and PD 47, paragraph 8.2, Points of Dispute must be short and to the point. The rule requires the paying party to identify any general points or matters of principle affecting the bill as a whole, and then to state concisely the nature and grounds of dispute for each individual item challenges. Points of Dispute must be served on the receiving party and on any other party to the detailed assessment proceedings, tough they don’t need to be filed at court at this stage.

Vague or unparticularised objections to items in the bill, for example, simply asserting that document time is excessive without engaging with specific entries, are unlikely to satisfy this requirement, and risk being given limited weight at assessment. Weve set out the required format in more detail in our guide to Precedent G, which sets the prescribed structure for Points of Dispute.

What Happens If the Deadline is Missed?

Failure to serve Points of Dispute within 21 days entitles the receiving party to apply for a default costs certificate under CPR 47.11. This isn’t a discretionary sanction; it’s a procedural entitlement triggered automatically once the time for Points of Dispute has expired. The receiving party must file Form N254 confirming that service of the notice of commencement was valid and that the 21-day period has passed. Once sealed, the default costs certifies the whole of the bill as claimed, with no opportunity for the paying party to dispute the costs claimed after the fact, other than by applying to set the certificate aside.

This can carry real strategic weight. If, for example, an earlier Part 36 offer was left on the table, a default costs certificate can fix the recoverable amount before that offer is ever properly tested.

Can the 21-Day Deadline Be Extended?

Yes, by agreement between the parties, or by court order. An extension agreed in writing between the paying and receiving parties is common practice where negotiations are genuinely ongoing, and is generally the safer route, relying on an implied extension, or an informal understanding that was never confirmed, is a real risk given how strictly CPR Part 47 deadlines are applied, particularly in the High Court.

Requesting a Detailed Assessment Hearing

Once Points of Dispute and any Replies have been exchanged, the receiving party must file a request for a detailed assessment hearing on Form N258. PD 47, paragraph 13.1 requires this request to be filed within a reasonable time, supported by the bill, the Points of Dispute, the Replies, and a statement of the amount still in issue. Where the bill doesn’t exceed £75,000, the matter will usually proceed by way of provisional assessment on paper rather than an oral hearing, and a costs judge will determine the assessment without either party needing to attend unless specifically directed.

This step is often overlooked, and delay in filing the request can itself create procedural risk for the receiving party. It is also worth noting that a request for a detailed assessment hearing filed on an incorrect basis, for example, before Points of Dispute have genuinely been exchanged, or without the required supporting documents, can be liable to be set aside, adding further delay to a process the 21-day rule is designed to keep moving.

Frequently Asked Questions

How long do I have to serve Points of Dispute?

21 days from the date of service of the notice of commencement, under CPR 47.9.

What happens if Points of Dispute are served late?

The receiving party may serve notice that it intends to apply for a default costs certificate under CPR 47.11, certifying the full amount of the bill unless the certificate is later set aside.

Can a default costs certificate be set aside?

Yes, on application to the court, though the paying party will usually need to show a good reason for the delay and act promptly once the certificate comes to their attention.

Does the 21-day deadline apply to every case?

It applies generally under Part 47, but the parties may agree an extension in writing, or apply to the court, where genuine negotiations justify more time.

Who is entitled to receive Points of Dispute?

The receiving party and any other party to the detailed assessment proceedings must be served, though Points of Dispute don’t need to be filed at court until later in the process.

How Greener Costs Can Help

Our team of costs lawyers and costs draftsmen advises on all aspects of CPR Part 47, including commencement, service, and compliance with Points of Dispute deadlines, for both paying and receiving parties across England and Wales. Whether you need Points of Dispute drafted to the correct standard, or advice following a missed deadline, we can help.

If your firm needs assistance with detailed assessment timelines or Points of Dispute, contact Greener Costs today. Call us on 01204 263047 or email info@greenercosts.co.uk.