Legal Costs Guide
CPR 47.9 Points of Dispute
CPR 47.9 matters when a notice of commencement and bill of costs have been served. It sets the paying party deadline for points of dispute and affects whether the receiving party can request a default costs certificate.
What CPR 47.9 Covers
CPR 47.9 allows the paying party, and any other party to the detailed assessment proceedings, to dispute items in the bill of costs by serving points of dispute on the receiving party and every other party to the detailed assessment proceedings. Points of dispute are therefore the gateway to taking part properly in the assessment.
The 21-Day Deadline
The period for serving points of dispute is 21 days after the date of service of the notice of commencement. If points of dispute are served after that period, the late party may not be heard further in the detailed assessment proceedings unless the court gives permission.
Default Costs Certificate Risk
If the 21-day period has expired and no points of dispute have been served, the receiving party may request a default costs certificate. That is why a notice of commencement should be diarised immediately and reviewed with the bill, the costs order, the retainer, any offers and any correspondence about extensions.
Detailed Assessment Hearing Preparation
A detailed assessment hearing is usually shaped by the points of dispute. Only items specified in the points of dispute may usually be raised at the hearing unless the court gives permission. Practical preparation therefore starts with targeted objections: hourly rates, proportionality, excessive time, duplication, counsel and expert fees, VAT, funding points and whether each item was reasonably incurred.
What to Send for a Quote
Send the notice of commencement, bill of costs, costs order, pleadings or order giving rise to costs, any offers, correspondence about extensions and the deadline for points of dispute. If a detailed assessment hearing has already been listed, include the court notice, any provisional assessment result and the latest open offer.
Primary Source
Frequently Asked Questions
What happens if the CPR 47.9 deadline has already expired?
Act immediately. The position may still be recoverable, but delay makes it harder. A costs lawyer can review whether a default costs certificate has been requested or issued, whether points of dispute can still be served by agreement, and whether an application for permission or set aside is needed.
Do points of dispute need to challenge every item?
No. They should focus on proper objections that are likely to matter. Overly broad or generic disputes are less useful than targeted points on excessive time, unreasonable rates, proportionality, duplication, disbursements, funding or work that was not reasonably incurred.
Can a costs lawyer help at a detailed assessment hearing?
Yes. Costs lawyers commonly prepare points of dispute, replies, negotiation strategy and hearing bundles, and many can attend detailed assessment hearings depending on their status and the type of hearing.
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