Precedent G Points of Dispute are a crucial part of the detailed assessment process. They allow the paying party to set out their objections to the items in the bill, while enabling the receiving party to understand the nature and grounds of each challenge.

Below is a comprehensive list of frequently asked questions and answers to help both practitioners and clients understand this technical area of costs law effectively.

What are Points of Dispute?

Points of Dispute are formal written objections prepared by the paying party in response to a bill of costs served for detailed assessment. They must be concise, clear, and linked directly to the individual items challenged. CPR 47 and the associated Practice Direction set out the mandatory structure.

Each objection raised in the Points of Dispute relates to specific item numbers, allowing both parties and the court to identify quickly which part of the bill is in issue.

What is a Precedent G?

Precedent G is the approved template for drafting Points of Dispute. It contains two columns:

• The left hand box (where the item numbers and summary issues must be inserted), and
• The right-hand column (where the paying party sets out the argument).

This ensures that every objection is linked to the corresponding entry in the bill.  It is important that the Precedent G is adhered to as best as possible, so as to avoid any issues of non-compliance.  In the event Points of Dispute are found to be non-compliant, they may be struck out and the costs allowed in full as claimed.

How long do you have to serve Points of Dispute?

Points of Dispute must be served 21 days from the date of service of the Notice of Commencement (or the bill itself, if served separately).

If they are not served within this period, the receiving party may request a default costs certificate.  An extension can be agreed with the party serving the Bill of Costs, if further time is needed.  If the party serving the Bill fails to provide a response, or refuses to allow an extension without good reason, then an application can be made an extension to the service deadline for PODs.  This application must however, be made proactively (before the deadline for Points of Dispute passes), otherwise it will not succeed.

What happens if Points of Dispute are late?

If served late, the Paying Party may requires the court’s permission to rely on Points of Dispute, and the Receiving Party is likely to apply for a Default Costs Certificate to allow their costs in full. 

CPR 47 does stipulate however, that if Points of Dispute are served before any Default Costs Certificate is obtained, then the Default Costs Certificate cannot be enforced.  If a Default Costs Certificate has been obtained and Points of Dispute are served thereafter, an application will need to be made to set aside the Default Costs Certificate (akin to an application for relief from sanctions).

If unsuccessful, the entire bill may be assessed as drawn.  It is imperative that any application to set aside a default costs certificate is made promptly (generally within 14 days of service of the Certificate), with supporting witness evidence and the Points of Dispute to the Bill of Costs.

How detailed should Points of Dispute be?

This is one of the most common questions asked, and also one of the most misunderstood.

Points of Dispute must be short and to the point, but still explain the nature and grounds of the challenge. CPR PD 47 explicitly states that objections must be concise, stating concisely the nature of the dispute, but without unnecessary narrative.

The purpose is clarity, not argumentation.

A good Point of Dispute:

• Identifies the relevant item numbers
• States the grounds of dispute clearly
• Explains why the objection arises
• Highlights any matters of principle
• Keeps all content strictly relevant
• Refers to the costs precedents annexed and follows the schedule of costs precedents

A poor Point of Dispute:

• Repeats the same argument for every entry or fails to substantiate assertions
• Provides excessive narrative
• Fails to specify which items are challenged
• Does not summarise the principle which requires a decision

The court discourages arguments being repeated. It is generally good practice that where a repeated principle applies, the point should be made once and properly explained in an initial submission, and then referenced using the item numbers where the point arises.

What should be included in each Point of Dispute?

The guidance is clear, and the following should be included:

1. Left-hand box:

• The item numbers
• A very brief summary of what the Point relates to

1. Right-hand box:

• A short explanation of the challenge
• The nature and grounds of objection
• Reference to authorities only when necessary
• Reference to costs precedents annexed when relevant

This structure is mandatory.

What are Matters of Principle?

“Matters of principle” refer to issues that are not limited to a single entry but affect the bill as a whole, such as:

• Whether costs should be reduced due to proportionality
• Whether the receiving party acted unreasonably
• Whether the claim falls within a fixed-costs regime
• What the appropriate hourly rates should be in the bill

These are significant issues that the court must resolve early in the assessment.

Do I have to dispute each item individually?

Points of Dispute must relate to specific individual items, but where the same issue applies across multiple points, the rules permit adopting a single consolidated objection.

In such cases:

• The general point is made once
• Supporting item numbers are listed
• Cross-references are inserted in the left hand box as shown in Precedent G

This avoids duplication and keeps the document efficient.

Do Points of Dispute need to be concise?

Yes. The rules require that objections remain short and to the point. This aligns with the court’s aim of ensuring that detailed assessments focus on real disputes rather than lengthy narrative.

The emphasis is on clarity, not volume.  This does not mean a sufficiently complex Point cannot be lengthy, but the Court expects submissions to be pleaded properly and clearly.

How do I challenge hourly rates?

Common challenges include:

• Rates exceeding local Guideline Hourly Rates
• Senior fee earners performing junior tasks
• Lack of evidence of expertise
• Unjustified delegation
• Over-reliance on Counsel

The paying party must identify the item numbers effected (unless it is a general challenge to all hourly rates claimed in the Bill) and explain the basis of reduction.

How do I challenge time spent?

Time challenges often arise because:

• Time appears excessive
• The task should not have taken that long
• Duplication of attendance exists
• Work was performed by the wrong level of fee earner

Specificity is important: objections must refer to the exact work claimed.

How do Points of Dispute interact with Replies?

The receiving party may serve Replies, but only where they assist the court. Replies should not be lengthy. The court may disregard Replies that simply repeat facts or arguments already obvious from the bill.

Points of Reply are commonly served by a Receiving Party to rebut submissions made in Points of Dispute, or to clarify why a certain position may have been adopted in litigation.

What happens next in the assessment?

After Points of Dispute are exchanged:

• Replies may follow
• Negotiations can take place at any point in the process
• If unresolved, the matter proceeds to detailed assessment

The court will assess each objection based on its clarity and merit.  If the Bill is under £75,000 in value, in all likelihood the matter will proceed under the paper provisional assessment process, and attendance at Court will not be required.  For Bills of £75,000 or higher, an attended detailed assessment will be listed for which further oral submissions can be made by both parties in respect of the Points and Replies.

How can ARC Costs assist with Precedent G Points of Dispute and Replies?

ARC Costs assists both paying parties and receiving parties in preparing:

• Precise, compliant Precedent G Points of Dispute
• Strategic Points of Reply
• Negotiation guidance
• Advocacy for detailed assessment hearings

Our experts ensure every objection is properly linked to the item numbers, grounded in the rules, and expressed short and to the point. To discuss your case with one of our costs experts, call us on 01204 397302, or email one of the team at info@arccosts.co.uk.

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