N260 – Preparing Your Statement of Costs

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What is Form N260?

Form N260 is a statement of costs which is required to be filed and served with the Court prior to a hearing, whether this is a Trial or an application hearing. It allows you to accurately demonstrate the costs which you have incurred in preparing for that hearing so that there can be an accurate summary assessment of costs at the hearing.  In accordance with CPR 44 PD 9.5, an N260 should be filed and served atleast two working days before any Fast Track Trial takes place, or atleast 24 hours before any application hearing.  The new N260B may also be relevant in Multi-Track Trials (though are no mandatory) to seek a payment on account of costs.

Form N260 Update

In line with the recent Civil Procedure Rules update, there is now a new requirement for new versions of form N260s to be completed which are expected to become mandatory from 31st March 2021.

There are two different types of N260 to be completed, N260A and N260B. N260A is to be used to include information on hourly rates for items such as attendances on the client, counsel, opponent and ‘others’. N260B is to be used for an interim application, and there is now a requirement for this form to be split into different phases, similar to a Cost Budget. These phases include:

  • Pre-action work
  •  Issue/Statements of Case
  • Case Management Conference (CMC)
  • Witness Statements
  • Disclosure
  • Expert Reports
  • PTR
  • Trial Preparation
  • Trial
  • Alternative Dispute Resolution (ADR)

The new forms can be used in paper or electronic. If the electronic version is used, then a paper copy is also required to be filed and served. Furthermore, when filing form N260B, you are now also required to file and serve a Precedent Q which breaks down the costs claimed in phases.

New N260 – Potential Issues

The main issue which can be foreseen with the new formats is that they will likely take longer to complete. The costs of completing the forms however, can be recovered if the interim application or Trial is successful.

How Can ARC Costs Assist?

Strict timeframes apply in respect of lodging your N260, and failure to adhere to these Rules can be taken into account when applying any sanctions in respect of costs recovery, pursuant to CPR 44 PD 9.6.  It is therefore imperative that you instruct a costs expert to quantify your costs in good time before any hearing.

As expert Costs Draftsmen and Costs Lawyers, ARC Costs can ensure the maximum recovery of your costs by preparing an accurate N260 on your behalf. We can prepare both N260A and N260B formats, and can also help with the recoverability of your costs from the preparation of Budgets and Bill of Costs.

Should you require any advice or assistance on preparing an N260, please call us on 01204 397302, email one of our costs experts at info@arccosts.co.uk, or get in touch directly with the time via the live chat facility below.


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