Judicial Review Costs Draftsmen and Costs Recovery

Judicial review work can move quickly. An urgent application, substantial evidence or a change in the public body’s position may require considerable work before the claim reaches a hearing.

Once the substantive case concludes, recovering your fees becomes a separate task. ARC Costs supports solicitors and law firms with judicial review costs recovery, including preparing bills of costs, negotiating claims and progressing disputes through detailed assessment.

Our costs lawyers and law costs draftsmen help explain the work undertaken and identify issues affecting recovery. Whether you need assistance with one complex instruction or ongoing drafting support, we can discuss the requirements of your practice.

Specialist costs support for public law work

Challenges to decisions made by public bodies can involve extensive preparation. The costs claim needs to reflect the work necessary to investigate the decision, develop the grounds and respond to developments.

A matter resolving before a substantive hearing may still have required significant solicitor and counsel involvement. However, early resolution does not automatically make every cost recoverable.

The relevant order or settlement terms must be examined alongside the file. Particular stages, applications or issues may have been dealt with separately.

Our approach starts with understanding that background. A well-presented claim explains why the work was undertaken, rather than relying on the volume of recorded time alone.

Preparing bills of costs that explain the instruction

Judicial review files can contain substantial research, evidence gathering and document preparation within a compressed period. Clear records help demonstrate the purpose of that work.

When preparing bills of costs, useful documents include the retainer, time ledger, attendance notes, counsel’s invoices, court orders and settlement correspondence. The claim papers and relevant evidence also help establish how the proceedings developed.

We review the material and raise questions where entries need clarification. For example, repeated work on grounds may reflect new evidence or a material change in the defendant’s position.

Our guide to what makes a good bill of costs explains how accurate records and careful preparation support the final claim.

Complex instructions and urgent proceedings

Some judicial review matters require closer consideration because of their urgency, procedural history or volume of evidence.

An urgent High Court application may involve several legal professionals working simultaneously. The bill should explain their respective responsibilities and why that allocation was necessary.

Likewise, a lengthy instruction may involve amended grounds, interim applications or negotiations addressing several possible outcomes. Those developments should be connected to the work claimed.

Tell us what made the instruction demanding. Our law costs draftsman can use that context when reviewing the records and identifying areas requiring explanation.

Our high-value bills of costs service provides further information about our approach to substantial and complex costs claims.

Costs budgets and forward planning

Costs budgets are not automatically required in every judicial review claim. The ordinary costs management regime principally applies to Part 7 multi-track proceedings; judicial review follows a different procedural route.

Nevertheless, the court can make costs management directions outside the ordinary regime. The directions in the particular proceedings must therefore be checked.

Even without a formal budget, realistic estimates help the litigation team understand anticipated expenditure. Preparation should account for counsel, evidence, hearings and possible changes during proceedings.

Where budgeting assistance is required, our costs budget service provides support with the appropriate documents. We establish the requirement rather than assume Precedent H applies.

Understanding a costs cap

A costs cap and an approved budget serve different purposes. Their effect should be established before drawing conclusions about recoverability.

Judicial review costs capping orders under the Criminal Justice and Courts Act 2015 have a specific framework, supported by CPR 46.16–46.19. They are distinct from ordinary costs capping orders under CPR 3.19.

The wording and scope of any order matter. It may affect the costs risk when deciding how proceedings should continue.

If an instruction involves costs protection or a cap, supply the relevant application, evidence and order. We can discuss the costs work required alongside the substantive solicitor’s advice.

Legal aid costs and inter partes recovery

Legal aid funding adds another layer to the costs position. The certificate, scope of funding and applicable remuneration requirements should be checked before preparing a claim.

Judicial review has specific legal aid rules concerning payment for permission-stage work. It should not be assumed that every application is payable by the Legal Aid Agency regardless of its outcome.

Where an opponent is ordered to pay costs, the inter partes position also requires consideration. That claim and subsequent legal aid accounting need to be handled consistently.

Our legal aid costs service supports billing and claims preparation. Our unlawful detention costs recovery case study also illustrates an instruction involving publicly funded proceedings and inter partes recovery.

Negotiation, points of dispute and detailed assessment

The paying party may challenge hourly rates, time spent, duplication, counsel’s fees or proportionality. A focused response should address the objection using the file evidence.

We assist receiving parties with replies to points of dispute and legal costs negotiations, explaining where arguments are stronger and where a concession may be sensible. For paying parties, we review claims and prepare points of dispute.

If agreement cannot be reached, our costs lawyer service can assist with detailed assessment proceedings and representation within the lawyer’s authorised scope.

Qualified costs lawyers can conduct litigation relating to legal costs. This allows the appropriate professional to manage costs proceedings while your substantive team concentrates on its public law practice.

Frequently asked questions

Can you assist before the judicial review concludes?

Yes. Early discussion can help identify recording, funding and costs issues before the final bill is prepared.

Can we instruct you on a single matter?

Yes. We accept individual instructions alongside ongoing support, subject to availability and the agreed scope.

Do you guarantee recovery of the full bill?

No. Recovery depends on the entitlement, evidence, applicable rules and outcome of negotiation or assessment.

Discuss your judicial review costs with ARC Costs

If you are the legal professional responsible for a concluded matter, tell us what support you need. We’ll discuss the records, deadlines, charges and proposed timescale.

Call 01204 397302 or email info@arccosts.co.uk.