Form N258 UK: Detailed Assessment Request Guide
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When a case ends and the parties cannot agree on the legal costs to be paid, the court steps in to decide what is reasonable. Form N258 is the mechanism that triggers this process. It is the form a receiving party files to ask the court to hold a detailed assessment hearing, where a judge examines the bill of costs line by line and decides what should actually be paid.
This page walks through what the form does, when it is used, what to include when you file it, and the key practical points that trip people up. If you are dealing with a costs dispute for the first time, the process can feel technical, so the aim here is to set out the essentials in plain English before you get into the procedural detail.
What this document is
Form N258 is the general request form used to open detailed assessment proceedings in the County Court and High Court in England and Wales. It is filed by the receiving party (the one entitled to recover costs) once the paying party has served points of dispute, or where no agreement has been reached following the Notice of Commencement.
Either a claimant or a defendant can be the receiving party, depending on how the underlying case was resolved and what the costs order says. The form sits within the Civil Procedure Rules framework, specifically Part 47, which governs how the court assesses costs after judgment, settlement, or a consent order.
In most situations where the costs claimed fall at or below a set threshold, the assessment will proceed on paper as a provisional assessment rather than at an oral hearing. Above that threshold, an oral hearing is usually appropriate. The form itself asks for the names of the parties, the claim number, the court, details of the bill, and the supporting documents the court needs to carry out the assessment.
How to use this document
- Confirm you are the receiving party. Before filing, check the costs order carefully. The form is filed by whoever is entitled to recover costs under the order, which may be either the claimant or the defendant. You will also need the sealed order or consent order that gives you the right to assessment, so locate this first.
- Gather the supporting documents. You need the Notice of Commencement you served on the paying party, the bill of costs, any points of dispute and replies, the document evidencing your right to detailed assessment (usually the costs order), and, where relevant, the client care letter or retainer. Missing paperwork is the most common reason requests get rejected.
- Handle offers correctly. If any Part 36 offers or 'without prejudice save as to costs' offers have been made by either side, these must be disclosed to the court but kept confidential from the assessing judge until the substantive assessment is complete. Place them in a sealed envelope clearly labelled with the standard wording so the court office handles them properly.
- Decide between provisional and oral assessment. Where costs are within the provisional assessment threshold, the court will deal with the matter on paper. Above the threshold, you request a full hearing and the court will set a time estimate. The form prompts you to indicate which track applies, so make sure this matches the sums in the bill.
- File with the correct fee. Send the completed form, the supporting bundle, and the court fee to the court that dealt with the underlying claim or the designated costs office. Check gov.uk for the current fee, as these are reviewed periodically. Once filed, the court will issue directions or list the hearing.
Common questions
Q Who can file Form N258?
The form is filed by the receiving party, meaning whichever side is entitled to recover costs under the court order. This is often the successful claimant, but it can equally be the defendant if the defendant won the case or secured a costs order on a particular issue. The form is not limited to one side by default, it follows whoever holds the benefit of the costs order.
Q What is the difference between provisional and detailed assessment?
Provisional assessment is a paper-based process used for lower-value costs claims, where a judge reviews the bill and points of dispute without a hearing. Detailed assessment involves an oral hearing where the parties attend and argue over individual items in the bill. The choice is driven by the total costs claimed and the complexity of the dispute.
Q Do I need to file points of dispute before using Form N258?
The usual sequence is that the receiving party serves a Notice of Commencement with the bill of costs, the paying party then has a window to serve points of dispute, and the receiving party may serve replies. Form N258 is filed after this exchange if the parties cannot agree. The points of dispute and any replies should accompany the form when it is filed.
Q How should Part 36 offers be disclosed on the form?
Any Part 36 offers or offers marked 'without prejudice save as to costs' must be brought to the court's attention, but the assessing judge should not see the content of the offers before deciding the assessment itself, as the offers are relevant only to who pays the costs of the assessment. Put them in a sealed, clearly labelled envelope filed alongside the form.
Q What happens after the form is filed?
The court will either list a hearing and send notice to both parties, or, if it is a provisional assessment, the judge will deal with the bill on paper and send the outcome to the parties. Either side may then ask for an oral hearing to challenge the provisional outcome, although cost consequences can apply if the challenge does not improve that party's position significantly.
Q Is there a time limit for filing Form N258?
The Civil Procedure Rules set out specific timeframes for commencing and progressing detailed assessment, and failing to act within them can lead to sanctions, including a reduction in the costs recoverable or interest being disallowed. If time has slipped, you may need to apply for relief from sanctions, so do not delay once the points of dispute period has ended.
Q Do I need a costs lawyer to deal with this?
Many parties instruct costs lawyers or costs draftsmen to prepare the bill and handle the assessment, particularly where the bill is large or heavily disputed. It is not a legal requirement, and litigants in person can file Form N258 themselves, but the procedural rules are detailed and errors can be expensive, so some form of specialist input is often worthwhile.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N258 on gov.ukgov.uk
- Guidance · HMCTSCivil Procedure Rules Part 47 (detailed assessment)justice.gov.uk
- Guidance · HMCTSCourt and tribunal feesgov.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.