Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): Omission of indemnity certification does not invalidate bill of costs; default costs certificate stands; CPR 3.10 applies (Duffy v Birmingham City Council)

Published on: 10 March 2026

Published by a LexisNexis Dispute Resolution expert

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Article summary

Duffy v Birmingham City Council [2026] EWCA Civ 146 What are the practical implications of this case?

Failure to meet compulsory rules regulating the format or contents of a costs bill does not, of itself, render it void. Even where the mandatory certification confirming compliance with the indemnity principle is absent, a signed bill may nonetheless be validly served and remains sufficient to commence detailed assessment proceedings.

Accordingly, paying parties ought to engage with the detailed assessment procedure rather than presuming an alleged irregularity is fatal. Any contention about the bill’s structure or contents should be articulated in Points of Dispute and served within the prescribed time limits.

Where a default costs certificate has been obtained, the simple absence of an express indemnity certification will not, without more, make the bill invalid so as to justify setting the certificate aside as of right.

Receiving parties should diligently check bills both pre‑service and post‑service and take prompt steps to correct any defects or omissions identified, ensuring any issues are rectified swiftly and accurately...

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