Final costs certificates: Effect of final costs certificate

A final costs certificate will include an order to pay the costs to which it relates, unless the court orders otherwise (CPR 47.17).

If the receiving party has failed to comply with the obligation to produce receipted fee notes and receipted accounts in respect of disbursements which have been allowed, the final costs certificate will be for an amount not exceeding the amount (if any) allowed in respect of profit costs and the amount of allowed disbursements in respect of which receipted fee notes or receipted accounts have been produced to the court but only to the extent indicated by those receipts.

As a general rule the amount shown as payable in a final costs certificate will be the amount payable after taking into account the amount payable under any interim certificate already given and/or the amount payable under any order to pay costs on account. However, if the court is satisfied that no payments have been made in respect of previous certificates or orders, the certificate may include an order to pay the gross amount of costs payable. The text of such a certificate should, after stating the amount of the total costs, contain an endorsement such as:

“and, no sums having been paid under the order of Mr Justice X dated …., or under the interim certificate issued herein dated …

The paying party must comply with the order for the payment of costs within 14 days of the date of the certificate or within such later date as the court may specify (CPR 44.7).