CPR 47.9: When Are Points of Dispute Due?

In civil litigation, when a party is awarded costs – typically the successful party – the next step is to apply to commence detailed assessment proceedings to determine the exact amount of costs recoverable; this process begins once the receiving party serves the paying party with copies of the bill of costs and a formal Notice of Commencement. Under CPR 47.9, the Paying Party (or any other party involved) has 21 days from the date of service of the Notice of Commencement to respond by serving Points of Dispute.

Complying with CPR 47.9: Serving Points of Dispute

Once the receiving party serves the bill of costs and the Notice of Commencement, the Paying Party may apply to dispute any part of the costs claimed. They must do so by submitting Points of Dispute within 21 days from the date of service of the Notice of Commencement. An extension may be agreed upon between the parties – often used where negotiations are ongoing.

Importantly, CPR 47.9 requires that the Points of Dispute be served on the Receiving Party and all other parties to the detailed assessment proceedings, though they do not need to be filed at in Court at this stage. If the parties cannot resolve the matter amicably, a detailed assessment hearing may be scheduled, and the Court will determine the final amount of costs payable.

Content Requirements for Points of Dispute

CPR 47.9 is supplemented by Practice Direction 47, particularly Paragraph 8.2, which outlines what Points of Dispute should contain:

• Identify general points of matters of principle requiring Court determination before addressing individual bill items;
• Clearly and concisely state the specific ground of dispute for individual items.

Submissions must strike a balance between brevity and clarity. Overly vague or verbose objections may be ineffective and could even be struck out. Courts require that Points of Dispute meaningfully address the bill and any specific issues of concern.

Failure to properly serve Points of Dispute could result in the receiving party applying for a default costs certificate. This would further render the full amount of costs as claimed payable without further consideration unless the Court gives permission to allow a late challenge.

What Happens if a Party Fails to File Points of Dispute?

If a party fails to file Points of Dispute within the 21-day deadline, the Receiving Party may file a request for a default costs certificate. The CPR makes it clear that if the 21-day period has passed without any Points of Dispute being serve, the Paying Party may lose their right to challenge the costs unless the Court gives permission.

Before a default costs certificate is issued, if any Points are served – even late – the Court may not issue the certificate. However, once the certificate is granted, enforcement action can begin unless the Paying Party successfully applies to the Court to have it set aside.

Requesting a Default Costs Certificate

The procedure for obtaining a default costs certificate is outlined in Practice Direction 46, Paragraph 10. To request this certificate, the Receiving Party must:

• Complete and sign Form N254;
• File a request at the relevant Court office (typically the costs office);
• Include supporting documentation, including:
  • A copy of the Court order or agreement granting the right to commence a detailed assessment of costs (e.g., a Part 36 Offer acceptance);
  • The original Notice of Commencement
  • Copies of the bill of costs

Once submitted, the Court will issue a default costs certificate in Form N255. The certificate does not govern or restrict any detailed assessment of costs that are payable out of the Community Legal Service Fund by the Lord Chancellor under Part 1 of the Legal Aid Sentencing and Punishment of Offenders Act 2012.

Setting Aside a Default Costs Certificate

A Paying Party may apply to set aside a default costs certificate under CPR 47.9. This application must generally be made promptly – usually within 14 days of the certificate’s issue.

The Court may set aside a certificate in cases where:

• The paying party can show a good reason, such as non-service or improper service of the bill of costs;
• There is evidence that the costs claimed are disproportionate or unjust;
• The certificate was issued prematurely before the 21-day deadline expired.

Properly drafted Points of Dispute must accompany applications. The Court may consider the Denton principles (from Denton v White) when deciding whether to grant relief from sanctions. General disorganisation or clerical errors are unlikely to be accepted as sufficient justification.

What Happens After Points of Dispute Are Served

If Points of Dispute are served within the deadline (or with the Court’s permission), the parties may attempt to reach an agreement on the costs. If no agreement is reached, the Receiving Party must file a request for a detailed assessment hearing.

The Receiving Party must file:

• A copy of the bill of costs;
• The served Points of Dispute;
• Any replies to Points of Dispute;
• A request for a hearing date.

At this stage, a costs judge will be assigned, and the Court will notify all parties of the hearing date. At the detailed assessment hearing, the Court will examine the costs claimed and resolve any remaining disputes.

Role of the Costs Office and Court Permissions

The costs office plays a central role in processing applications and issuing relevant certificates in the assessment process. Parties must ensure that all documents are correctly filed with the appropriate Court and in compliance with procedural rules.

If a party fails to comply with the prescribed timelines, they may be barred from further participation in the detailed assessment proceedings unless the Court states otherwise.

The Court has discretion at several stages:

• To allow late service of Points of Dispute;
• To extend deadlines;
• To grant relief from sanctions;
• To set aside a default costs certificate if valid reasons are presented.

Best Practices When Commencing Detailed Assessment Proceedings

Legal representatives are encouraged to be proactive and prompt when commencing detailed assessment proceedings. This includes:

• Preparing comprehensive yet clear Points of Dispute;
• Ensuring timely service within 21 days from the date of service of the Notice of Commencement;
• Engaging in early negotiations to avoid prolonged litigation;
• Filing a request for a detailed assessment hearing promptly if resolution is not achieved.

Complying with the Civil Procedure Rules is essential to avoid adverse costs orders and to ensure the most efficient route to recovering and defending legal costs.

How Greener Costs Can Help

At Greener Costs, we understand the complexity and time pressures involved in commencing detailed assessment proceedings and managing compliance with CPR 47.9. Our expert team of costs draftsmen supports both Receiving and Paying Parties with a range of costs-related services to ensure deadlines are met, disputes are accurately addressed, and compliance is maintained at every stage.

For Receiving Parties, we:

• Draft detailed and compliant bills of costs;
• Serve notices of commencement;
• File requests for default costs certificates when the Paying Party fails to file Points of Dispute;
• Prepare applications for detailed assessment hearings, including collating all required documentation;
• Represent You at hearings to secure the maximum amount of costs claimed.

For Paying Parties, we:

• Draft robust and persuasive Points of Dispute;
• Assist with negotiating reductions on claimed costs;
• Apply to set aside a default costs certificate, where justified;
• Provide strategic advice on approaching cost challenges to reduce liabilities.

Whether you are navigating the timings of the bill of costs by serving Points of Dispute or seeking to avoid penalties associated with late service, Greener Costs is here to help. We bring clarity, precision, and efficiency to what can otherwise be a procedural minefield.

For tailored advice or support with any stage of the detailed assessment of costs process, Contact Greener Costs today by emailing us at info@greenercosts.co.uk, call 01204263047, or leave us a message with the enquiry box below.