Legal Costs Assessors – Detailed Assessment
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Legal costs assessors, also known as legal costs draftsmen or costs lawyers, are professionals who specialise in assessing and managing costs associated with legal proceedings. They play a crucial role in ensuring that the costs incurred during a legal case are reasonable, accurately calculated, and compliant with legal regulations and guidelines.
Our team of expert legal costs assessors are on hand to assist our clients with the assessment of their costs . At ARC Costs, our experienced costs team are independent third party assessors, and we ensure that the best outcome is achieved irrespective of who we represent. For a Receiving Party, this would be to recover the maximum amount of costs possible, and for a Paying Party, we would assist in minimising your costs liability. If you have any queries surrounding the cost assessment process or any of our services, please get in touch with a member of our team today.
What is the Detailed Assessment Process?
The detailed assessment process occurs following the settlement of a legal case, if costs have not been agreed. The Civil Procedure Rules (CPR) set out the rules and guidelines for dealing with legal costs, including the process of commencing a detailed assessment. CPR 44 – 47 is most relevant for the costs assessment process.
A detailed bill of costs is drawn up stipulating the amount of costs the receiving party believe they are owed, alongside a Notice of Commencement form (N252). The party that has been awarded costs by the court must generally serve the Paying Party within three months of the original costs order/instrument however, service can take place thereafter.
The Paying Party then have 21 days to reply to the bill of costs and provide their points of dispute if they disagree with anything in the bill. Failure to provide points of dispute in the 21 day time period allows the Receiving Party to obtain a default costs certificate which enables them to receive the full amount of the bill.
When points of dispute are served, the Receiving Party can return with their points of reply to negotiate and argue for the original bill of costs. If no settlement can be reached, then the case will proceed to a Detailed Assessment Hearing in which a Costs Officer or Costs Judge reviews the bill of costs, points of dispute, and responses. They may ask for additional evidence or clarifications from both parties.
The Costs Judge will then make a decision on the disputed costs, assessing whether the costs being claimed are reasonable and necessary based on factors such as the complexity of the case and the amount in dispute.
It is worth noting that in cases where costs are less than £75,000, a provisional hearing without the parties present will take place, and for costs over this amount, an oral hearing will take place with both parties and their legal representatives, a lawyer or legal costs assessor (costs draftsman) for example.
How can ARC Costs Assist?
ARC Costs are a team of highly experienced legal costs assessors and cost draftsmen. Our many years of experience in the industry means we have worked on a variety of cases and know how best to secure maximum cost recovery/reductions for our clients, dependant upon the party we represent.
As a team of qualified Costs Lawyers/Law Costs Draftsmen, ARC Costs can assist in all matters relating to legal costs, whether you are a receiving or paying party. As well as assisting solicitors and law firms with their legal costing matters, we also help litigants in person.
If you are looking for more information surrounding our legal costs assessors and legal costs services, please get in touch with us at 01204 397302 or via email at info@arccosts.co.uk. Alternatively, you can contact us via our live chat facility below to speak with a costs expert directly.
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