When acting for the receiving party, being served with weak or poorly drafted Points of Dispute can present both a risk and an opportunity. While vague or generic objections may appear easy to dismiss, failing to respond properly can undermine recovery of the costs claimed and weaken your position at a later assessment hearing.

From our experience, the most effective points of reply are those that are focused, proportionate, and firmly grounded in both the Civil Procedure Rules and the detail of the Bill of Costs. ARC Costs explains how to respond to weak Points of Dispute in a way that protects recoverability and positions the case strongly for settlement or detailed assessment/provisional assessment.

Understanding the Role of Points of Reply

Replies to points of dispute form part of the formal exchange of dispute and replies under CPR Part 47. Once the paying party serves Points of Dispute, the receiving party has 21 days to respond.  However, there are no recorded sanctions in the CPR for service after 21 days (unlike Points of Dispute), and therefore it is often the case that Points of Reply are served late.

The purpose of Points of Reply is not to reargue the Bill in narrative form, but to answer the objections raised. They are an opportunity to:

• expose weaknesses in the Points of Dispute;
• reinforce the justification for the costs claimed, and;
• narrow the issues ahead of negotiation or assessment.

Judges expect this stage to assist the court, not complicate matters.  As such reiterating obvious issues already addressed in the Bill, or verbatim copy and pasting of information from the Bill will not be tolerated by the Court.

What Makes Points of Dispute “Weak”?

Weak Points of Dispute tend to share common characteristics. These include:

• generic challenges to hourly rates without reference to grade, experience, or locality;
• global proportionality points unsupported by figures;
• blanket reductions applied across multiple individual items;
• failure to engage with the narrative or purpose of the work, and;
• technical points raised without evidence or explanation.

A district judge or costs judge will quickly identify when objections lack substance. Your task in replying is to make that weakness obvious without overstating your case.  It is common in for weak Points of Dispute to contain “copy and paste” type submissions which appear non-specific to the case, and this should be flagged in Points of Reply.  A party failing to engage in case specific issues is not likely to be held in high regard by the Court.

Keep Points of Reply Short and to the Point

Practice Direction 47 makes clear that replies (and Points of Dispute) should be short and to the point. This is one of the most common areas where receiving parties go wrong.

Overly defensive replies, or lengthy submissions repeated across every item in the bill, tend to irritate judges rather than persuade them. Points of Reply should:

• deal only with the objections raised,
• avoid repetition, and
• focus on why the objection is unsustainable.

Where a point is plainly weak, a concise rebuttal is usually more effective than a lengthy explanation.

Responding to Generic Hourly Rate Challenges

One of the most common weak objections concerns hourly rates. Paying parties often assert that rates are excessive without explaining why.

In responding, avoid broad statements such as “the rates are reasonable.” Instead, focus on:

• the grade and experience of the fee earner,
• the nature and complexity of the work, and
• consistency with rates allowed in similar cases.

A measured, evidence-based reply is far more persuasive than argument by assertion.

Dealing with Global or Blanket Reductions

Another common tactic is the application of across-the-board reductions to time or phases without reference to the actual work undertaken.

In such cases, replies should make clear that:

• the Points of Dispute fail to engage with the individual items,
• no alternative figures are properly justified, and
• the objections do not comply with the spirit of the Civil Procedure Rules, which require specific challenges.

Judges are generally unreceptive to generic percentage cuts, particularly where the paying party has not analysed the Bill in detail.

When to Respond to Weak Points of Dispute

Not every weak point needs to be fought. Strategic concessions can enhance credibility, particularly where an item is marginal or poorly evidenced.

Making limited concessions can:

• demonstrate reasonableness,
• narrow the issues for negotiation, and
• strengthen your position on more significant items.

From our experience, costs lawyers who refuse to concede anything often undermine stronger parts of their case.

Avoiding the Default Costs Certificate Trap

If the paying party fails to serve Points of Dispute on time, the receiving party may obtain a default costs certificate. However, where Points of Dispute are served, albeit weakly, the focus shifts to the quality of the replies.

Poor or non-compliant Points of Reply can encourage the paying party to seek procedural leverage later, particularly if the matter proceeds to a detailed assessment. Clear, compliant replies reduce that risk.

Preparing for the Assessment Hearing

Weak Points of Dispute often foreshadow weak advocacy at assessment. Well-drafted replies help frame the issues for the costs judge and make it easier for the court to prefer the receiving party’s position.

At an assessment hearing, judges frequently rely on the written exchanges to understand the real areas of dispute. Replies that are focused and supported by the Bill will often carry significant weight.

The Value of Specialist Input for Points of Reply

Responding effectively to weak Points of Dispute is more about judgment than volume. Experienced costs lawyers understand when to push back, when to concede, and how to present replies that assist the court.

In the context of legal costs, Points of Reply are often decisive. They influence negotiations, shape judicial thinking, and can determine whether reductions are applied.

If you would like the ARC Costs team to assist, get in touch by emailing info@arccosts.co.uk, or speak to one of the team on 01204 397302.