Detailed Assessment of Costs: Advice and Representation

When the amount of costs payable cannot be agreed, detailed assessment provides a procedure for resolving the dispute. For receiving parties, the challenge is presenting a supported claim and pursuing payment. For paying parties, it is identifying justified objections and responding within the required time.

ARC Costs’ costs lawyers and costs draftsmen assist solicitors, businesses and individuals across England and Wales. We handle both straightforward disputes and complex, high-value matters involving substantial bills, extensive records and contested costs issues.

Our service can cover preparation, commencement, Points of Dispute, replies, negotiation and representation. We agree the assistance required, proposed charges and responsibilities before proceeding.

Call 01204 397302 or email info@arccosts.co.uk, highlighting any approaching deadline.

Advice shaped around your costs position

A detailed assessment dispute requires more than checking calculations. The outcome may depend on the costs order, funding arrangements, supporting evidence, proportionality and how the litigation developed.

We review those issues before advising on the claim or response. For receiving parties, this means identifying the basis for recovery and addressing weaknesses before they become obstacles. For paying parties, it means distinguishing sustainable challenges from objections unlikely to justify further expenditure.

Our advice also considers the commercial position. The potential benefit of continuing must be weighed against additional fees, delay and settlement opportunities.

What is detailed assessment?

Detailed assessment is the procedure used to determine recoverable costs where the amount has not been agreed. It involves a bill of costs, objections and, where necessary, a court assessment.

It differs from summary assessment, where costs are generally assessed at the conclusion of a hearing using a statement of costs.

The assessment of costs depends on the applicable basis. Under the general rules for standard-basis assessment, recoverable costs must be reasonable and proportionate, with relevant doubts resolved in favour of the paying party. Indemnity-basis assessment applies different principles.

We examine the order and applicable rules before advising how these principles affect your matter.

Commencing detailed assessment proceedings

The receiving party ordinarily starts the process by serving a notice of commencement and bill of costs, with the required accompanying documents.

The usual commencement period is three months, calculated by reference to the relevant event under the Civil Procedure Rules.

If commencement is delayed, the paying party may seek an order requiring the receiving party to commence detailed assessment proceedings.

ARC can review the entitlement, prepare the claim and assist with service. Identifying procedural requirements early helps avoid unnecessary disputes about the way proceedings were commenced.

Responding to a claim for costs

The usual deadline for serving Points of Dispute is 21 days after service of the notice of commencement.

We review the bill and supporting information, examining rates, time, duplication, disbursements and the scope of the order.

Points of Dispute should identify meaningful objections. We explain which issues deserve attention and how they affect settlement prospects.

If you receive a notice, send it promptly so we can check the deadline.

Default costs certificates

Where no Points of Dispute have been served, the receiving party may be entitled to request a default costs certificate. This includes an order for payment.

If a certificate has been issued against you, urgent advice is important. We can examine entitlement and whether there are grounds to apply to set it aside.

A certificate should not be ignored while informal negotiations continue.

Negotiation and settlement

Many costs disputes settle without a contested hearing. Preparation remains important because each party needs to understand the evidence supporting its position.

We advise receiving parties on responses to objections and paying parties on the arguments advanced in replies. Offers are considered against likely recovery or liability, further expense and the uncertainty of assessment.

Part 36 offers can carry significant costs consequences. We can advise on their use in costs proceedings and the implications of accepting, rejecting or failing to beat an offer.

Settlement discussions should remain connected to the procedural timetable. Negotiations alone do not remove the need to address deadlines.

Requesting assessment and preparing for a hearing

If unresolved, the receiving party must file a request for a detailed assessment hearing within the applicable period.

We assist with the request, supporting documents and preparation. Applications and requests go to the appropriate office, which may involve the County Court or Senior Courts Costs Office.

Depending on the arrangements, assessment may be undertaken by a costs judge, district judge or authorised court officer.

Preparation includes identifying the remaining issues and organising evidence and authorities. Our costs lawyers can provide representation within their authorised scope.

Representation at detailed assessment hearings

ARC Costs can represent receiving and paying parties at detailed assessment hearings within our costs lawyers’ authorised scope of practice.

Preparation includes reviewing the bill, Points of Dispute and replies, identifying the remaining issues, and organising supporting documents and relevant authorities. We discuss the strengths and weaknesses of your position and any opportunities to settle before the hearing.

If you already have a hearing date, send us the notice, relevant costs order and assessment documents so we can assess availability, preparation requirements and proposed fees.

Provisional assessment

Qualifying claims of £75,000 or less ordinarily follow provisional assessment, subject to the applicable rules and court directions. The court initially considers the papers without an attended hearing.

Clear bills, focused objections and supporting documents remain essential. We help prepare the papers and advise on the outcome, including whether an oral review is worthwhile.

Court fees and representation costs should be considered alongside the amount disputed. Pursuing every remaining issue may be less beneficial than a commercially sensible settlement.

Complex costs disputes

ARC handles substantial claims involving clinical negligence, commercial litigation and other demanding proceedings.

These matters can require examination of multiple orders, extensive time records, experts’ fees and the relationship between costs budgets and the final bill.

We establish the significant issues, evidence required and preparation timetable. Clients receive advice directed towards their circumstances rather than a standard response to every bill.

Frequently asked questions

Can ARC act for either side?

Yes. We assist receiving parties pursuing recovery and paying parties challenging claims. The work is tailored to the side we represent and the procedural position.

What should I send initially?

Provide the relevant order, bill, notice, correspondence and details of deadlines. Include existing objections, replies and offers where available. We identify further requirements after reviewing the instruction.

Does detailed assessment guarantee full recovery?

No. Recovery depends on the applicable order, basis of assessment, evidence and disputed issues. We advise on the strengths and weaknesses rather than promising a fixed result.

Can you take over an existing dispute?

Contact us with the documents and timetable. We will assess the stage reached, assistance required and availability before confirming instructions.

Discuss your detailed assessment matter

Whether you need to pursue a claim, challenge costs or prepare for a hearing, speak to ARC Costs.

Call 01204 397302 or email info@arccosts.co.uk. Tell us immediately about any deadline or listed hearing.