Those conducting proceedings within CPR Part 47 may wonder ‘what are the detailed assessment of costs time limits’, and what complications can arise. The deadlines that govern commencement, service, and progression of detailed assessment are strictly enforced, particularly in the High Court, and the consequences of non-compliance can materially prejudice a party’s ability to achieve a fair and proportionate assessment. Given the structured nature of the Part 47 regime, practitioners should be fully conversant with the procedural instructions set out in both the Rules and Practice Directions to ensure that all steps are valid, timely, and compliant.

The CPR Framework and Purpose

Part 47 and Practice Direction 47 set out the general rules applicable to the detailed assessment of costs. The framework is designed to ensure that once costs are payable, proceedings progress efficiently and without unnecessary delay. The rules include the time by which detailed assessment proceedings must be commenced, instructions regarding service of documents, and the court’s powers where a party fails to comply with the procedural timetable.

The procedural architecture of Part 47 is deliberately prescriptive. This reflects the courts’ longstanding approach that the quantification of costs is not an open-ended process, but one controlled by clearly defined steps and deadlines intended to safeguard fairness, certainty, and proportionality.

Commencing Detailed Assessment Proceedings: CPR 47.6–47.7

Under CPR 47.6, proceedings begin when the receiving party serves a notice of commencement together with the bill of costs on the paying party. 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.

Under CPR 47.7, proceedings must be commenced within three months after the date of the order that granted entitlement. This three-month period constitutes the expiry of the period for commencing detailed assessment proceedings, and PD 47 paragraph 5.4 confirms that any extension of time should be agreed in writing or obtained from the court. Relying on implied extensions is procedurally unsafe and inconsistent with the CPR.

Where the receiving party fails to commence assessment in time, the paying party may apply for the court to disallow interest, stay the proceedings, or impose other sanctions. The discretion that the paying party may apply to invoke is intentionally broad.

Consequences of Delay and Non-Compliance

A delay in commencing detailed assessment does not automatically prevent the receiving party from continuing, but it may lead to adverse consequences. CPR 47.8 allows the court to disallow interest or impose restrictions where delay is unjustified. The longer the delay, the more likely it is that the court will find prejudice and impose a remedy.

PD 47 paragraph 1.4 emphasises the court’s ability to control procedure to ensure efficiency. This includes the power to refuse to hear late applications, impose costs penalties, or order alternative timetabling where appropriate.

Service Obligations Under CPR 47.9

After commencement, the paying party has 21 days to serve Points of Dispute under CPR 47.9. The Rule stipulates that Points of Dispute must:

• identify the items in dispute,
• set out concise grounds, and
• be served on the receiving party with proof of service retained.

Failure to serve in time entitles the receiving party to request a default costs certificate. The CPR makes clear that this is not a discretionary sanction; it is a procedural entitlement triggered automatically in the absence of timely Points of Dispute.

Default: CPR 47.11

Under CPR 47.11, where Points of Dispute are not served within 21 days, the receiving party may request a default costs certificate. Practice Direction 47 paragraph 8.2 requires the N254 form to be filed confirming that:

• service of notice of commencement was valid, and
• The time for Points of Dispute has expired.

Once sealed, the default costs certificate certifies the whole of the bill. This may have strategic implications where, for example, an earlier offer to settle under Part 36 was not accepted and now loses practical weight because the certificate fixes the recoverable amount.

Requests for Listing and Filing Requirements

A receiving party must file a request for a detailed assessment hearing (Form N258) once Points of Dispute and Replies have been exchanged. Practice Direction 47 paragraph 13.1 requires the request to be filed within a reasonable time and supported by:

• the bill,
• Points of Dispute,
• Replies, and
• a statement of the amount still in issue.

This step is often overlooked, which creates a delay in commencing detailed assessment hearings and places the receiving party at procedural risk.

Case Management and High Court Expectations

In the High Court, adherence to the procedural framework is closely scrutinised. Given the scale of high-value claims, procedural slippage—such as failing to serve, failing to file a request, or incomplete bundles—can lead to adjournments, wasted costs, and criticism from the court. High Court judges adopt a strict approach to timeliness and precision, consistent with the overriding objective.

Frequently Asked Questions

When exactly do detailed assessment proceedings begin?

They begin upon service of the notice of commencement and the bill of costs, in accordance with CPR 47.6.

Can the three-month commencement period be extended?

Yes, but only by written agreement or court order under CPR 3.1(2)(a). It cannot be implied.

What happens if Points of Dispute are served late?

The receiving party is entitled to a default costs certificate under CPR 47.11 unless they choose not to request one.

How soon must a hearing be requested?

As soon as practicable after Points of Dispute and Replies are exchanged, supported by the documents listed in PD 47 paragraph 13.1.

Can a delay affect recoverable interest?

Yes. The paying party may apply for interest to be disallowed during periods of delay under CPR 47.8.

What constitutes valid service of commencement documents?

Service must comply with CPR Part 6, and the documents listed in PD 47 paragraph 5.2 must be included.

Contact Us

If your firm requires expert guidance on the CPR procedural requirements governing detailed assessment, compliance with commencement deadlines, or the preparation of compliant bills and notices, our costs specialists are available to assist. We advise on all aspects of CPR 47, provide representation at hearings, and support both paying and receiving parties in protecting their position.

Contact us Greener Costs today by calling 01204 263047 or by emailing info@greenercosts.co.uk, for technically robust assistance with any stage of the detailed assessment process.