Obtaining a Final Costs Certificate
Have your costs been agreed but not paid by the other side? Find out how you can recover your costs by obtaining a Final Costs Certificate.
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What is a Final Costs Certificate?
A final costs certificate is issued under the Civil Procedure Rules and sets out the amount of costs owed to each party as agreed, or allowed at Detailed Assessment. An enforceable order to pay costs is included within the certificate.
Following the filing of an assessed Bill, or costs agreement, the Court will issue and serve a Final Costs Certificate on all parties to the detailed assessment.
The paying party must pay the costs listed in the Order within 14 days, or if a date is specified on the Order, the costs must be paid by this date.
Obtaining a Final Costs Certificate When Costs Have Been Agreed
CPR 47 and Practice Direction 47 outline the procedure for obtaining a Final Costs Certificate. The application will need to be made in the same Court (generally the County Court or High Court) as detailed assessment proceedings took place in.
CPR 47.10 states :
“(1) If the paying party and the receiving party agree the amount of costs, either party may apply for a costs certificate (either interim or final) in the amount agreed…
(2) An application for a certificate under paragraph (1) must be made to the court which would be the venue for detailed assessment proceedings under rule 47.4.”
Applying for an Order for Costs
When a case settles, the receiving party should request that the paying party pays costs within 14 days, or any other agreed timescale.
If payment has not been received within the set timescale, the receiving party should notify the the paying party that they intend to apply for a Final Costs Certificate in order to ratify the agreement, and also to enforce if payment is not made.
If a payment is still not made by the paying party and they fail to respond, the receiving party can make an application by virtue of a CPR 23 application for a Final Costs Certificate.
The receiving party should seek an order for the agreed amount, plus interest from the date the costs should have been paid, as well as costs of the application.
How Can ARC Costs Assist?
The costs team at ARC Costs are highly experienced in the recovery of costs.
We can assist in the enforcement of agreed costs by contacting the paying party in an attempt to obtain agreed costs, and thereafter making an application for a final costs certificate, if the other side refuse to pay.
If you require any free initial advice, or our assistance with regards to any aspect of costs, please email us at info@arccosts.co.uk, or contact us via the Contact Us page and one of the team will get in touch on the same working day.
We can also provide assistance with anything relating to your legal costs claim, whether it be preparing a Costs Budget, to preparing the Bill of Costs and negotiating recovery of your outstanding fees. Simply get in touch to find out more.
What We Do Best
Our dedicated and experienced law costing team provide a wide array of legal costs services to fee earners and solicitors. Find out more by following the links below.
Bills of Costs
A well-prepared bill of costs should accurately explain the work undertaken and provide a defensible basis for recovery. Our costs draftsmen prepare bills covering fee earner time, disbursements and the relevant stages of litigation.
We review the supporting records, identify issues that may affect recovery and help present the claim clearly. Our service can continue through Points of Reply, negotiations and detailed assessment where agreement cannot be reached.
Costs Budgets & Management
Costs budgets need to reflect the proposed directions, anticipated evidence and resources required to conduct the case. Underestimating future work can create difficulties later, while unrealistic assumptions may undermine negotiations.
We prepare Precedent H budgets, assist with Precedent R budget discussion reports and advise on revisions where developments warrant them. Our costs lawyers can also provide representation at costs and case management conferences.
Points of Dispute
If you have received a claim for costs, we can examine whether the hours, rates and items claimed are properly recoverable.
We prepare points of dispute supported by the circumstances of the case, rather than relying on general objections. We also advise on settlement offers, the likely costs of continuing the dispute and whether further proceedings are proportionate.
Detailed assessment and advocacy
Where negotiations do not resolve the issues, our costs lawyers can assist with detailed assessment proceedings and representation within their authorised scope of practice.
Preparation includes reviewing the disputed items, supporting evidence and relevant authorities. We explain the strengths and weaknesses of your position so you can decide whether to settle or proceed.
Legal aid and specialist litigation costs
We support legal professionals with legal aid billing and costs claims, alongside work involving personal injury, clinical negligence, commercial litigation, housing disrepair and Court of Protection matters.
The appropriate approach depends on the funding arrangements, proceedings and applicable rules. We establish those requirements before preparing the relevant documents.