Preparing Your Bill of Costs
Our team have over 20 years of experience in preparing Bills of Costs. Find out how we can help you today
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When is a Bill of Costs needed?
On successful conclusion of your case, if an order is given for detailed assessment of your legal costs, then a Bill of Costs will need to be prepared.
If your case is a Multi-Track matter, then the new Electronic Bill of Costs will be required, for which special rules apply.
What Information is Needed to Prepare a Bill of Costs?
We require access to your file, either digitally or in paper form, as well as any time records. Any Bill details the work done in conducting the case, item-by-item, and details the work done for every item incurred. This is so that any paying party can scrutinise the work done, and so it is imperative that you instruct an experienced Law Costs Draftsman to prepare a Bill of legal costs. This ensures that a reasonable Bill of Costs is drawn, including only recoverable items, and maximising the recovery on your Bill on any assessment.
Some of Our Most Frequently Asked Questions
What Information is Needed to Prepare a Bill of Costs?
We require access to your file, either digitally or in paper form, as well as any time records. Any Bill details the work done in conducting the case, item-by-item, and details the work done for every item incurred. This is so that any paying party can scrutinise the work done, and so it is imperative that you instruct an experienced Law Costs Draftsman who can provide a professionsal service to prepare a Bill. This ensures that a reasonable Bill of Costs is drawn, including only recoverable items, and maximising the recovery on your Bill on any assessment.
When is an Electronic Bill of Costs Required, and What Special Rules Apply?
In Multi-Track cases where costs are claimed post 6 April 2018, the new style Electronic Bill of Costs is required. This is a new format Bill presented in an Excel format, which allows the parties and Court to easily filter between Budget phases, work types, tasks and activities. A Costs Budget is often required to be filed in Multi Track cases, and if a Costs Management Order has been made, this will need to be reflected in the Electronic Bill of Costs by virtue of detailing the phasing of work, and also splitting the work between incurred and anticipated costs. A Precedent Q will also be required, which details how the incurred and anticipated costs compare to any Costs Management Order made.
When serving an Electronic Bill of Costs, as well as sending a postal copy, a digital Excel version also needs to be emailed to the paying party. In addition, on filing at Court for any detailed assessment hearing request, a digital copy of the Bill will need to be e-filed at Court.
What Items Should Not Be Claimed in a Bill?
Helpful guidance is provided in CPR 47 PD 5.12 as to the heads of legal costs that are recoverable inter-partes however, over the years common law has also developed in specifying what types of costs should not be claimed.
- Costs of funding (setting up the retainer) – Motto & Ors v Trafigura Ltd  EWCA Civ 1150
- Inter-fee earner discussions are only allowed in complex cases – TUI UK Ltd v Tickell & Others  EWHC 2741 (QB)
- One should be cautious to claim any estimated time without supporting evidence.
What is the Expected Recovery on any Bill?
The recovery of a Bill on detailed assessment is dependant upon whether a standard or indemnity costs order is made. Generally, if the hourly rates remain unaffected, it is reasonable for between 70 – 80% of a Bill of Costs to be recovered inter-partes however, there can be other influencing factors including the reductions applied to any ‘large ticket’ items, such as success fees, disbursements or hourly rates.
If a Costs Management Order has been made, it is not unusual for recovery on a Bill of Costs to be between 80 – 90% so long as the Costs Budget has been adhered to.
Why Instruct ARC Costs to Prepare Your Bill of Costs?
At ARC Costs, our Costs Draftsman pride themselves on their average recovery of 72% of all Bills, achieved in the majority of cases within 1 month of service of the Bill of Costs upon the paying party.
In addition, our professional service provides as standard:
- Every Bill is drafted with a high degree of accuracy and is vetted by at least two senior members of staff;
- Bills are drafted within an SLA of 5 working days as standard;
- The majority of Bills are negotiated within 1 month of service, and prior to Points of Dispute/Reply being required;
- Review of every Bill negotiation instruction atleast once per week to ensure progression of the case;
- That an amicable approach is taken to Bill negotiations, and that the client is advised on every offer received as to the potential risks of rejecting any offer;
- That an advocate is made available for any detailed assessment hearing if required
- Fixed and prompt timescales for all litigious steps including issuing Part 8 proceedings, preparing Points of Reply, and lodging any Bill to assessment.
How We Deliver The Results That You Want
Our management team are regularly monitoring the quality of our work. We achieve the results we do because we’re not about the quantity of work that goes out the door in any given month; but about the quality we’re delivering our work.
What We Do Best
Our dedicated and experienced law costing team provide a wide array of legal costs services. Find out more by following the links below.
Bills of Costs
We pride ourselves in achieving an average recovery of 72% of all Bills
We achieve an average of 81% of the value of the Costs Budgets drafted
Costs Budget Negotiations
Our team have over 20 years of experience in Costs Budget Negotiations.
CPR 45 Fixed Recoverable Costs
CPR 45 Fixed Recoverable Costs are becoming a more and more common dispute in costs
Legal Costs Training
We're experts in legal costs and pride ourselves in the results our team achieve
Detailed Assessment Proceedings
Our experienced costs team ensure that the best outcome is achieved on every case
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