Receiving a bill of costs does not mean you must accept every amount claimed. However, challenging it requires properly explained objections, supported by the circumstances of the case and served within the applicable deadline.

ARC Costs prepares Points of Dispute for solicitors, businesses and individuals across England and Wales. We help the paying party examine the claim, identify sustainable challenges and negotiate a commercially sensible settlement.

Our costs lawyers and costs draftsmen handle straightforward bills and complex, high-value disputes. Whether you need drafting support or assistance throughout detailed assessment proceedings, we can discuss the work required and proposed charges.

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

Focused objections that explain your position

Points of Dispute set out why particular costs are challenged. They should help the receiving party understand the objections and provide a clear framework for negotiation or assessment.

A general statement that a bill is excessive rarely explains enough. The challenge should identify the relevant work, the concern and the basis for seeking a reduction.

ARC reviews the bill of costs alongside the relevant order, correspondence and available records. We distinguish between objections affecting the claim as a whole and challenges to individual items, concentrating on issues that can materially affect liability.

What can be challenged?

The appropriate objections depend on the case. Our review may consider:

• Hourly rates: whether the rates sought are justified.
• Time spent: whether the time claimed is reasonable for the work described.
• Duplication: whether overlapping entries involve unnecessary repetition.
• Disbursements: whether expenditure is supported and recoverable.
• Scope: whether work falls within the relevant costs order.
• Proportionality: where applicable, whether the overall costs are proportionate.

We explain how these issues relate to the evidence. A large bill alone does not establish that every entry warrants reduction.

Drafting clear Points of Dispute

Practice Direction 47 requires Points of Dispute to follow Precedent G in the Schedule of Costs Precedents so far as practicable.

General points and points of principle should identify issues requiring resolution before individual entries are considered. Specific points then address the relevant items in the bill, stating concisely the nature and grounds of dispute.

Clear item numbers connect each objection to the costs challenged. Where an objection applies to several entries, its scope should be understandable without requiring the reader to reconstruct the argument.

The purpose is precision, i.e. enough explanation to identify the dispute, without unnecessary repetition.

Why generic objections can fail

In Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178, the Court of Appeal upheld the dismissal of an inadequately particularised challenge concerning document work in a solicitor–client assessment.

The decision illustrates the importance of identifying what is disputed and why. Repeating broad criticisms across numerous entries can leave the receiving party and court unable to understand the actual case.

We prepare objections around the instruction’s evidence and procedural position rather than relying on standard wording.

Deadlines and default costs certificates

The usual deadline for serving Points of Dispute is 21 days after service of the Notice of Commencement.

If no Points of Dispute have been served, the receiving party may become entitled to request a default costs certificate. Default costs certificates include an order for payment and should not be ignored.

Send us the documents promptly. If the deadline has passed or a certificate has been issued, we can assess the position and advise on available steps. Informal negotiations should not be assumed to extend procedural deadlines.

Negotiation after Points of Dispute

Drafting the objections is one stage of resolving the claim. The receiving party may serve replies, and the parties can negotiate settlement.

Our review of Points of Dispute and replies helps identify which arguments remain persuasive and where further evidence or clarification is needed. We advise on offers against likely liability, further expenditure and assessment risk.

For complex bills, prioritising substantial issues can make negotiations more productive than pursuing numerous minor reductions.

Preparing for a detailed assessment hearing

If settlement cannot be reached, the dispute may proceed to assessment. The costs judge will need to understand the objections and their supporting basis.

We can assist with preparation and representation within our costs lawyers’ authorised scope. Proper drafting from the outset helps maintain a coherent position.

Frequently asked questions

Can ARC review existing Points of Dispute?

Yes. Send the bill, objections, replies and timetable. We assess whether further work is appropriate and whether amendments require procedural steps.

Do you handle high-value claims?

Yes. ARC handles substantial disputes, including clinical negligence and commercial litigation costs.

What should I provide?

Send the bill, Notice of Commencement, costs order, correspondence and offers.

Discuss your costs challenge

Call 01204 397302 or email info@arccosts.co.uk to discuss your instruction.