Form N254: Get a Default Costs Certificate (No Dispute)
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When a party is ordered to pay costs in civil proceedings, the next step is usually a detailed assessment of what those costs should be. If the paying party fails to engage with that process within the time allowed, the receiving party can ask the court to issue a default costs certificate.
Form N254 is the request used to obtain one. It confirms to the court that the proper notices have been served, that no points of dispute have been received, and that the deadline for raising any objections has passed. This page walks through what the form does, how it fits into the detailed assessment procedure in England and Wales, and the practical points to bear in mind before filing it.
The rules sit within the Civil Procedure Rules, and the form itself is a fairly short declaration, but getting the timing and service right matters.
What this document is
Form N254 is the court form used to request a default costs certificate from either the County Court or the High Court in England and Wales. A default costs certificate is essentially a shortcut: it allows the receiving party to obtain a certified sum for costs without going through a full detailed assessment hearing, on the basis that the paying party has not challenged the bill within the required window.
The procedure is governed by Part 47 of the Civil Procedure Rules, which sets out how detailed assessment works. Once the receiving party serves notice of commencement along with the bill of costs and supporting documents, the paying party has a fixed period to serve points of dispute.
If that period passes with no points of dispute received, the receiving party can file Form N254 asking the court to issue a certificate for the amount claimed in the bill, plus fixed costs and the court fee. The resulting certificate has the force of a costs order and can be enforced in the usual ways.
How to use this document
- Serve notice of commencement and the bill of costs. Before you can think about a default certificate, you need to have properly commenced detailed assessment proceedings. That means serving the paying party with notice of commencement, the bill of costs, and copies of any documents giving the right to detailed assessment, such as the original costs order.
- Wait for the period for points of dispute to pass. The paying party has a set window, typically 21 days from service of the notice of commencement, to serve points of dispute. You cannot request a default certificate until that period has expired. If points of dispute arrive within time, even if you think they are weak, the default route is no longer available and you move to a formal assessment.
- Complete Form N254 accurately. The form asks you to declare that the required documents were served, that no points of dispute have been received, and that the time for serving them has passed. You also set out the sum claimed under the bill, the fixed costs you are entitled to, and the court fee. Double check the arithmetic before signing.
- File the form with the correct court and pay the fee. The form is filed at the court handling the detailed assessment, which will be either the County Court or the High Court depending on where the underlying proceedings sit. A court fee applies, so check gov.uk for the current amount. The form must be signed by the receiving party or their legal representative.
- Receive and enforce the certificate. If the court is satisfied, it will issue the default costs certificate on Form N255 (County Court) or Form N255(HC) (High Court). This certifies the amount the paying party owes and can be enforced like any other money judgment if payment is not made. Be aware that the paying party can apply to set the certificate aside in limited circumstances.
Common questions
Q How long does the paying party have to serve points of dispute?
Under the Civil Procedure Rules, the paying party generally has 21 days from the date the notice of commencement is served to serve points of dispute. If nothing is received within that period, the door opens to requesting a default costs certificate. The exact deadline can be affected by the method of service and any agreed extensions, so it is worth confirming the cutoff before filing Form N254.
Q Can a default costs certificate be set aside?
Yes, in certain circumstances. The paying party can apply to have the certificate set aside, usually on the basis that points of dispute were served in time, that service was defective, or that there is some other good reason to reopen the assessment. The court has discretion and will consider the conduct of both parties. A successful set-aside application typically leads to the detailed assessment proceeding in the normal way.
Q What is the difference between Form N255 and Form N255(HC)?
Form N255 is the default costs certificate issued by the County Court, while Form N255(HC) is the equivalent issued by the High Court. Which one you receive depends on where the detailed assessment proceedings are taking place. The substance of the certificate is essentially the same: it certifies the sum payable by the paying party to the receiving party, including the bill of costs, fixed costs, and the court fee.
Q Do I need a solicitor to file Form N254?
No, litigants in person can file Form N254 themselves. That said, detailed assessment procedure is technical and a mistake in service or timing can mean the certificate is refused or later set aside. If the sums involved are significant, or if the underlying costs order is complex, many people prefer to have a costs lawyer or solicitor handle the process to avoid procedural pitfalls.
Q What amount will the default costs certificate be for?
The certificate reflects the total of the bill of costs as served on the paying party, plus the fixed costs specified in the Civil Procedure Rules for obtaining the certificate, plus the court fee paid when filing Form N254. The court does not assess or reduce the bill at this stage: the whole point of the default route is that the paying party has not challenged it, so the full claimed sum becomes payable.
Q Can I still negotiate after a default costs certificate is issued?
Yes, nothing stops the parties from agreeing a different figure or a payment plan after the certificate has been issued. A certificate is a useful enforcement tool but it does not prevent commercial discussions. If agreement is reached, make sure any settlement is recorded in writing. If the paying party does not engage, the certificate can be enforced through the usual routes available for unpaid judgment debts.
Q What happens if points of dispute arrive just after I file Form N254?
Timing matters. If points of dispute were served within the permitted period, even if you had already filed Form N254, the paying party can challenge the certificate and it may be set aside. If they arrive out of time, the certificate should stand, but the paying party may still apply for relief from sanctions. Keeping clear records of when documents were served and received is essential.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N254: Request for a default costs certificate (gov.uk)gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 47: Procedure for detailed assessment of costsjustice.gov.uk
- Guidance · UK GovMake a court claim for money (gov.uk)gov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.