Taxation of Bill of Costs: The Process
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What is Taxation of Bill of Costs?
Taxation of the costs is also known as the process of detailed assessment. During the course of litigation, legal costs will be incurred in the majority of cases. The general rule of thumb is that the winning party (receiving party) will be entitled to recover costs from the losing party (paying party). Taxation of bill of costs is a process which is used to help parties agree upon the amount of costs payable to the receiving party.
Taxation of Bill of Costs: The Process
In order to recover legal costs from the losing party, the winning/ receiving party will be required to serve their bill of costs alongside a Notice of Commencement to initiate the process of taxation. The paying party will then have 21 days to review the bill of costs and respond with their Points of Dispute if they are not in agreement with any of the costs listed within the bill.
If the paying party do not serve their Points of Dispute within 21 days, the receiving party can apply for a Default Costs Certificate which entitles them to claim all costs listed within the bill of costs.
On receipt of the points of dispute, the receiving party can further negotiate by sending their Points of Reply.
If costs cannot be agreed between the parties, the case will proceed to a Court hearing known as a Detailed Assessment Hearing where costs will be decided by a Costs Judge or Taxing Master. This process is the same whether it be in the County Court up to the Court of Appeal.
How Can ARC Costs Assist?
The expert team of Costs Draftsmen and Costs Lawyers at ARC Costs are very experienced with handling costs litigation and the taxation of bill of costs process.
The skilled team can prepare thorough Costs Budgets and Bills of Costs, alongside other documents such as Points of Dispute and Replies to Points of Dispute as/when they are required. Once negotiations have commenced, the negotiators on our team can assist with settlement of the matter. They aim to settle matters outside of Court, as this is most cost and time effective for the client however, we can employ our experience if the costs litigation requires an assessment hearing to obtain the most favourable result.
To find out more about how we can assist you with any costs litigation please, contact one of our experts via phone on 01204 397302 or email the team at info@arccosts.co.uk. Alternatively, please utilize the free chat facility on our website to connect with one of our professionals.