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 44.7).
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. Proceedings for enforcement of a default costs certificate may not be issued in the SCCO (Part 47 Practice Direction (para 10.6)).
Default costs certificates are addressed to the paying party. Where the receiving party is funded by legal aid, 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 by the Legal Aid Agency (Part 47 Practice Direction (para 10.4)).
Default costs certificates are registerable in the Register of Judgments, Orders and Fines pursuant to the Register of Judgments, Orders and Fines Regulations 2005. The details needed for registration must be sent to the Register by the SCCO. These details include the postal address of the paying party’s usual or last known residence or place of business, even if that is not the paying party’s address for service. It is not possible to register a default costs certificate if, for example, the only address supplied to the SCCO is the address of a legal representative acting for the paying party.
Excerpt from the Senior Courts Costs Office Guide 2021
OTHER EXTRACTS
Cases transferred from other courts: Assessment of costs awarded by other tribunals and bodies
GuidanceCases transferred from other courts: Assessment of costs awarded in the High Court and County Court
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Specimen forms of order
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Statement of resources
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Response by the Lord Chancellor
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Further procedure where a statement of resources by the legally aided party is filed or is not required
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Effect of non compliance by the legally aided party
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: The response by the legally aided party
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Orders which a costs judge or district judge may subsequently make
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Costs against the Lord Chancellor
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: Orders which the court awarding costs may make
GuidanceCosts orders against legally aided parties and/or the Lord Chancellor: The Legal Aid Sentencing and Punishment of Offenders Act 2012 and the regulations
GuidanceLegal Aid cases: Procedure where costs are payable by another person as well as out of the legal aid fund
GuidanceLitigants in Person: Calculation of charges for time spent by a litigant in person preparing the case
GuidanceApplication concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in requesting a detailed assessment hearing
GuidanceApplications concerning misconduct or wasted costs: Deciding whether to make a wasted costs order
GuidanceApplications concerning misconduct or wasted costs: Procedural steps on applications for a wasted costs order
GuidanceApplications concerning misconduct or wasted costs: Principles on which wasted costs orders are made
GuidanceApplications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders
GuidanceApplications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives
GuidanceApplying to set aside a default costs certificate: Orders and directions on set aside applications
GuidanceObtaining a payment on account or an interim costs certificate: Time for payment and enforcement
GuidanceObtaining a payment on account or an interim costs certificate: Form of interim costs certificate
GuidanceApplication concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings
GuidanceTMC Legal
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