Who Can Sign Costs Pleadings? — Rules for Bills of Costs, Costs Budgets & Statements of Costs

Understanding Who Can Sign Costs Pleadings

There is often confusion about who can certify different costs documents in civil litigation. The rules vary depending on whether you are dealing with a Bill of Costs, a Precedent H / Costs Budget, or an N260 / Statement of Costs. Below is a breakdown of the applicable rules for each.

Precedent S / Bill of Costs

A common misconception is that a Bill of Costs must be signed by a Partner. This is not the case.

• Relevant rule: CPR 47 PD 5.21 requires a bill to contain the appropriate certificates as set out in the precedents.
• The precedent certificates state they “must be signed by the receiving party or by his solicitor”.
• The certificate as to accuracy confirms to the Court that the indemnity principle has not been breached.
  • In Bailey v IBC Vehicles, the court confirmed this should be certified by an “officer of the court”.
  • Best practice: have bills signed by a Solicitor, though not necessarily a Partner.
• Signature requirements: As per AKC v Barking, Havering & Redbridge, the signature must be identifiable.

• It is not sufficient to sign in the name of the firm.
• The signature must be legible or have the name printed below.

Precedent H / Costs Budgets

The rules for signing a Costs Budget are set out in CPR 3.13(5):

• Must be dated and verified by a statement of truth.
• Signed by a senior legal representative of the party.
• This means budgets can be signed by other senior legal representatives, not just Solicitors.

N260 / Statement of Costs

The Form N260 asks for the ‘name of Partner signing’, but the rules do not require a Partner.

• Relevant rule: CPR 44 PD 9.5(3) states that a statement of costs for summary assessment should
  “follow as closely as possible Form N260 and must be signed by the party or the party’s legal representative”.
• Definition of legal representative (CPR 2.3):

• Barrister
• Solicitor
• Solicitor’s employee

Need Advice on Costs Pleadings?

For further information or questions about costs pleadings and the CPR rules, contact Helen Spalding here.

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