Thomas Higginbottom – Costs Lawyer and Director

Thomas Higginbottom is a qualified Costs Lawyer and Director at ARC Costs, specialising in inter partes costs disputes, costs negotiations and the preparation of Points of Dispute and Points of Reply.

Having completed the Legal Practice Course (LPC), Thomas went on to qualify as a Costs Lawyer in 2024. He is regulated by the Costs Lawyer Standards Board (CLSB) and has developed particular expertise in resolving contested legal costs claims, where a detailed understanding of the Civil Procedure Rules, relevant case law and the principles of reasonableness and proportionality is essential.

Thomas works with solicitors and other legal professionals on disputes involving the recovery and assessment of legal costs. His practice focuses on identifying the substantive issues affecting recoverability, assessing the strengths and weaknesses of costs claims and pursuing commercially effective resolutions.

As a Director of ARC Costs, Thomas also contributes to the firm’s approach to providing specialist, responsive legal costs services throughout England and Wales.

Specialist in Inter Partes Costs Disputes

Inter partes costs disputes arise where one party seeks to recover legal costs from another, usually following litigation or a settlement that provides for costs recovery.

These disputes can involve substantial sums and complex arguments concerning the amount of legal costs that should reasonably be payable.

Thomas specialises in contested inter partes matters, acting in connection with disputes involving both receiving and paying parties.

His experience encompasses the review and assessment of Bills of Costs, challenges to solicitors’ hourly rates, disputed disbursements and arguments concerning the necessity and proportionality of work undertaken.

He understands that successful costs dispute resolution requires more than identifying individual entries that may be challenged. It involves considering the wider litigation, the relevant costs orders, the conduct of the parties and the likely outcome of assessment proceedings.

Thomas approaches each matter with a focus on the issues most likely to affect the financial outcome, ensuring that the time and resources devoted to a dispute remain proportionate to the amounts involved.

Costs Negotiations and Dispute Resolution

A significant part of Thomas’s practice involves negotiating the settlement of contested legal costs claims.

Many inter partes costs disputes can be resolved without the need for a contested detailed assessment hearing, provided the parties have a realistic understanding of their respective positions.

Thomas is particularly experienced in evaluating costs claims, identifying areas of potential compromise and conducting negotiations aimed at achieving commercially sensible settlements.

His approach involves considering the strengths and weaknesses of the costs claimed, the objections raised and the financial implications of continuing the dispute.

For receiving parties, this may involve defending reasonable expenditure and securing an appropriate level of recovery.

For paying parties, it may involve challenging excessive costs and negotiating reductions where the evidence and applicable legal principles support doing so.

Thomas recognises that the most commercially advantageous outcome is not always achieved through prolonged assessment proceedings. Where appropriate, a carefully negotiated settlement can provide certainty, reduce further expenditure and bring the dispute to a conclusion.

Points of Dispute and Points of Reply

Thomas has particular expertise in the preparation and consideration of Points of Dispute and Points of Reply.

These documents play an important role in detailed assessment proceedings, identifying the areas of disagreement between the parties and establishing the issues that may require determination by the court.

Preparing effective Points of Dispute requires careful examination of the Bill of Costs, the supporting documentation and the circumstances of the underlying litigation.

Thomas considers issues such as:

• The reasonableness of solicitors’ hourly rates.

• Excessive or duplicated work.

• The recoverability of counsel’s fees and other disbursements.

• The proportionality of the costs claimed.

• The appropriate allocation of work between different grades of fee earner.

• The necessity of particular attendances, correspondence and procedural steps.

• The effect of costs management orders and approved budgets.

• The applicable basis of assessment.

His approach is to identify substantive objections that are properly supported and capable of affecting the overall costs outcome.

When acting for receiving parties, Thomas also considers how challenges should be addressed through Points of Reply, with particular attention to the evidence and legal arguments supporting recovery.

Detailed Assessment Proceedings

Thomas’s work extends to the preparation and resolution of disputes arising during detailed assessment proceedings.

Detailed assessment can involve complex procedural and substantive issues, particularly where substantial Bills of Costs are disputed or the parties disagree about the interpretation of relevant costs orders.

Thomas has experience examining costs claims under the applicable provisions of CPR Parts 44 and 47, including the principles governing reasonableness, proportionality and recoverability.

He understands the importance of complying with procedural requirements while ensuring that the arguments advanced reflect the circumstances of the individual matter.

His experience in negotiations and disputed assessments enables him to consider the likely consequences of pursuing particular objections and to provide practical guidance on the options available.

Complex Legal Costs and Commercial Considerations

Thomas regularly deals with technical issues arising from contested legal costs claims.

These may include disputes concerning the appropriate hourly rates, the reasonableness of time spent, the recoverability of specialist work and the relationship between costs incurred and the outcome of the underlying litigation.

In complex or high-value disputes, relatively small differences in the assessment of individual issues can have significant financial consequences.

Thomas therefore places considerable importance on understanding the costs claim as a whole rather than approaching each disputed item in isolation.

His work is informed by a detailed knowledge of costs assessment principles, including the application of the Solicitors’ Guideline Hourly Rates and the relevance of costs budgeting to subsequent recovery.

He also recognises that a technically arguable position may not always justify the additional expenditure involved in pursuing it.

This commercially focused approach is particularly valuable where the parties must decide whether to accept a settlement offer or continue towards assessment.

A Practical Approach to Legal Costs Disputes

Thomas is committed to providing clear, practical and commercially focused assistance to solicitors and other legal professionals.

He understands that costs disputes often arise at the conclusion of lengthy litigation, when clients and their representatives are seeking certainty over the final financial outcome.

His approach combines detailed preparation with realistic advice about the strengths and risks associated with a particular costs position.

By concentrating on the issues that matter most, Thomas aims to assist clients in resolving disputes efficiently while protecting their legitimate financial interests.

As a Director of ARC Costs, he also recognises the importance of maintaining strong working relationships with instructing solicitors and delivering a responsive service throughout the costs recovery and assessment process.

Professional Qualifications

Costs Lawyer – Qualified in 2024

Legal Practice Course (LPC) – Completed

Professional Regulation – Costs Lawyer Standards Board (CLSB)

Position – Director, ARC Costs

Specialist Areas – Inter Partes Costs, Costs Negotiations, Points of Dispute, Points of Reply and Detailed Assessment

Outside of Work

Outside of his professional career, Thomas enjoys travelling and exploring new places with his partner and their dog, Arwen.

Whether discovering new destinations or spending time away from the office, Thomas enjoys making the most of his free time with his family.

Legal Costs Articles and Insights

Thomas contributes to ARC Costs’ legal costs content, sharing insights into inter partes costs recovery, costs disputes, negotiations and developments affecting detailed assessment proceedings.

His articles focus on explaining technical costs issues and their practical implications for solicitors, receiving parties and paying parties.

Contact ARC Costs

To discuss a legal costs dispute or enquire about instructing Thomas Higginbottom, contact ARC Costs.

Telephone: 01204 397302

Email: info@arccosts.co.uk

Contact ARC Costs to discuss your requirements.

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