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SECTION 6 |
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6.1 |
When and How to Apply |
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| (a) |
The deadline for serving points of dispute is 21 days after the date of service of
notice of commencement (see para 5.1, above). A receiving party who is not served with points
of dispute on or before that deadline can request the issue of a default costs certificate (CPR
47.9(4)) unless the case is one of those described in para 6.2, below.
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| (b) |
A request for a default costs certificate must be made in Form N254 and must be
accompanied by a copy of the order for costs or other document giving the right to detailed
assessment (as to which, see CPD para 40.4). The form must be signed by the receiving party or
his solicitor. A court fee is payable (see further, Section 27, below).
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| (c) |
The request in Form N254 must be filed in the District Registry or County Court
in which the case was being dealt with when the judgment or order for costs was made or when
the event occurred which gave rise to the right to assessment, or to which it has subsequently
been transferred; in all other cases the request must be filed in the SCCO.
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6.2 |
Cases in Which the Default Costs Certificate Procedure Does Not Apply |
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| (a) |
If there is more than one paying party, the receiving party has no right to a default
costs certificate if one or more of the paying parties serves points of dispute. However, the
paying parties who serve points of dispute late or who fail to serve them at all have no right to be
heard at the subsequent detailed assessment unless the court gives permission (CPR 47.9 and
47.14).
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| (b) |
The default costs certificate procedure does not apply to costs of a LSC funded
client which are payable out of the Community Legal Service Fund, costs payable out of a fund
other than the Community Legal Service Fund, or costs to be assessed pursuant to an order under
Part 3 of the Solicitors Act 1974Acts. Further information concerning these cases is given in paras
4.6 and 8.1 of this Guide.
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6.3 |
Form of Default Costs Certificate |
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| (a) |
A default costs certificate will be in Form N255. It will include an order to pay
the costs to which it relates, the fixed costs payable in respect of solicitor's charges on the issue
of a default costs certificate and the fee paid on the request for the issue of a default costs certificate.
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| (b) |
The receiving party may either draw up a default costs certificate and deliver it to
the court together with the request, or may leave it to the court to draw it up.
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6.4 |
Effect of a Default Costs Certificate |
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| (a) |
The amount certified in the default costs certificate must be paid within 14 days of
the date of the certificate unless, upon an application made by either party, whether before or
after the issue of the certificate, the court has specified some other date (CPR 44.8).
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| (b) |
An application to stay enforcement of a default costs certificate issued by the
SCCO may be made to a Costs Judge or to a court which has jurisdiction to enforce the certificate (see further Section 17, below). Proceedings for enforcement of a default costs certificate may not be issued in the SCCO (CPD para 37.7).
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| (c) |
Default costs certificates are addressed to the paying party. Where the receiving
party is funded by the LSC, the issue of a default costs certificate does not prohibit, govern, or
affect any detailed assessment of the same costs which may have to be made to determine the
sum payable out of the Community Legal Service Fund (CPD para 37.5, and see further Section
24, below).
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