Daniella Duffy v Birmingham City Council

Daniella Duffy v Birmingham City Council

Failure to expressly certify compliance with the indemnity principle in a bill of costs is a procedural defect but does not render the bill invalid or a nullity; the solicitor's signature suffices as implicit certification, and the default costs certificate was properly issued when the Council failed to serve points of dispute.

Parties
Claimant/respondent: Daniella Duffy; Defendant/appellant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
25 February 2026
Procedural Posture
Civil Appeal / Second Appeal From County Court Decision on Costs Assessment
Outcome
Appeal dismissed
Legal Topics
Default Costs Certificate, Detailed Assessment, Indemnity Principle, CPR 47.6, Practice Direction 47, Setting Aside Default Costs Certificate
Civil Procedure Costs Default Costs Certificate Detailed Assessment Indemnity Principle CPR 47.6 Practice Direction 47 Setting Aside Default Costs Certificate

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Parties

Daniella Duffy

Claimant/respondent

Birmingham City Council

Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Decision on Costs Assessment

Legal Issues

  1. 1 Whether a bill of costs is invalid and ineffective to commence detailed assessment under CPR 47.6 if not expressly certified as complying with the indemnity principle
  2. 2 Whether failure to certify compliance with the indemnity principle is fatal to the validity of a bill of costs

Ratio Decidendi

Failure to expressly certify compliance with the indemnity principle in a bill of costs is a procedural defect but does not render the bill invalid or a nullity; the solicitor's signature suffices as implicit certification, and the default costs certificate was properly issued when the Council failed to serve points of dispute.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claimant's bill of costs is valid and effective to commence detailed assessment.
  • The Council may pursue its alternative application under CPR 47.12(2) for a discretionary order to set aside the default costs certificate.