Exploring Points of Dispute in Legal Costs Proceedings
In legal costs proceedings, Points of Dispute are formal objections raised against a Bill of Costs during detailed assessment proceedings. They identify the items being challenged, explain why the costs are disputed, and set out the reductions sought. For law firms and litigation teams involved in High Court, commercial, family, criminal or multi-party litigation, well-drafted…
In legal costs proceedings, Points of Dispute are formal objections raised against a Bill of Costs during detailed assessment proceedings. They identify the items being challenged, explain why the costs are disputed, and set out the reductions sought.
For law firms and litigation teams involved in High Court, commercial, family, criminal or multi-party litigation, well-drafted Points of Dispute are a critical part of the Costs assessment process.
At Knapp Richardson, we regularly assist solicitors, legal departments, and litigation teams with drafting and responding to Points of Dispute across a wide range of matters, including complex commercial litigation, solicitor-client disputes, matrimonial proceedings, and High Court assessments in the Senior Courts Costs Office (SCCO).
Our experienced team of Costs Lawyers and Law Costs Draftsmen provide strategic support throughout the assessment process to help clients either maximise their recoverability or minimise their liability and manage litigation costs effectively.
When Are Points of Dispute Served?
Under the Civil Procedure Rules, a receiving party generally has a period of 3 months in which to serve a formal Bill of Costs following an order for costs. The paying party generally has has 21 days in which to respond, serve serve Points of Dispute (albeit extensions are often agreed)
If the deadline is missed, there can be draconian consequences, including the risk of obtaining a Default Costs Certificate.
Recent SCCO decisions continue to demonstrate the courts’ strict approach to procedural compliance in legal costs proceedings. Timing, accuracy and detailed analysis are therefore essential throughout the process.
At Knapp Richardson, we support legal teams from the outset of any costs proceedings through to a detailed assessment, helping ensure procedural obligations are met and where possible a parties’ position on costs is protected.
Why Are Points of Dispute Important?
Points of Dispute play a critical role in litigation costs management and legal costs recovery. They shape negotiations between the parties and determine which issues proceed to detailed assessment hearings.
Effective Points of Dispute seek to:
- Reduce excessive or disproportionate costs claims
- Clarify disputed issues early
- Improve negotiation outcomes
- Narrow the issues before assessment
- Strengthen advocacy positions
- Protect clients against unreasonable costs exposure
In high-value commercial litigation and complex High Court proceedings, the financial impact can be substantial. Detailed scrutiny of fee earner rates, counsel’s fees, expert costs, disclosure work, and proportionality issues often requires specialist legal costs expertise.
Our team at Knapp Richardson regularly advises on large-scale and complex disputes involving substantial Bills of Costs, including matters proceeding through the SCCO and arbitration proceedings.
What Makes Effective Points of Dispute?
Robust Points of Dispute require more than proforma type objections with broad reductions proposed. As clearly illustrated in the decision arising from the SCCO, the court expect detailed, comprehensive objections and proper justification for the challenges raised.
Effective drafting of the challenges involves:
- Careful analysis of the Bill of Costs
- Consideration of the underlying litigation
- Knowledge of current case law in this jurisdiction
- Understanding the relevant CPR requirements
- Strategic awareness of settlement objectives
- Detailed numerical and data analysis
This is where experienced law costs draftsmen and costs lawyers provide significant value.
At Knapp Richardson, we combine technical legal costs expertise with detailed data analysis and practical litigation experience. Our team works closely with solicitors and litigation departments to produce carefully structured and commercially focused Points of Dispute tailored to the specific proceedings.
Because we regularly work on commercial, criminal, family, matrimonial, confiscation/restraint, and solicitor-client matters, we understand the differing costs considerations across each practice area.
Common Issues Raised in Points of Dispute
Some of the most commonly disputed challenges raised in Points of dispute include:
- Level of Hourly rates claimed
- Grade of fee earners (lack of appropriate delegation)
- Level of Counsel’s fees
- Duplicated work
- Proportionality
- Level of Disclosure costs
- Level Expert fees
- Budget departures
- Success fees and funding issues
The approach taken will depend on the nature of the proceedings, the value of the claim, the complexity of the litigation, and the conduct of the parties.
A detailed and meticulous preparation process with strategic analysis are therefore essential.
At Knapp Richardson, we use advanced Excel and data analysis to simplify and streamline costs management. This enables us to provide detailed reporting, forecasts, and analytical support across complex legal costs disputes.
What Happens After Points of Dispute Are Served?
Once Points of Dispute have been served, it is option for the receiving party to serve Replies. .
The parties will then generally enter into negotiations with a view to reaching settlement prior to setting the matter down for detailed assessment.
This stage generally involves:
- Negotiations between costs specialists
- Analysis of settlement positions
- Revisions/updates to disputed figures
- Consideration of proportionality
- Advocacy preparation if settlement cannot be achieved
Many disputes resolve before a final hearing. However, where matters remain contested, specialist costs advocacy becomes increasingly important.
At Knapp Richardson, we can undertake both the negotiations and the advocacy as . We work as an extension of our clients’ litigation teams and provide support throughout the assessment process.
How Do Our Costs Lawyers Support Law Firms During Assessment Proceedings?
Modern litigation costs proceedings are highly technical. Increased judicial scrutiny, evolving costs law and procedural complexity mean many firms choose to work with specialist costs lawyers (often based in London to manage assessment proceedings effectively.
Costs lawyers can assist with:
- Drafting Bills of Costs
- Preparing Points of Dispute and Replies
- Preparing all Case Management (Costs budgeting documents)Advising upon and attending Solicitor-client assessments
- Inter partes costs disputes
- Negotiations and advocacy
- Legal costs analysis (on-going throughout the course of the litigation)
- Strategic advisory work
At Knapp Richardson, we have been advising law firms and legal professionals since 1984. Located in Central London, close to the High Court and Senior Courts Costs Office, we have built a long-standing reputation for quality, care, and technical excellence.
Our highly experienced team advises upon all aspects of legal costs, from moderate personal injury and criminal matters through to complex corporate litigation, arbitration, class actions, and high-value matrimonial disputes.
We also provide support to national and international law firms, government agencies, and litigation teams across multiple jurisdictions.
Why Instruct Knapp Richardson?
Choosing experienced legal costs experts can make a significant difference to the outcome of detailed assessment proceedings.
At Knapp Richardson, we pride ourselves on combining traditional values with modern analytical expertise. Since 1984, we have worked with many of the UK’s leading City law firms and litigation teams, providing bespoke legal costs services tailored to the specific demands of each case.
Our services include:
- Advisory work
- Bills of Costs
- Points of Dispute and Replies
- Case Management (Costs budgeting)
- Negotiations and advocacy
- Legal costs analysis
- Solicitor-client costs advice
We understand the pressures faced by litigation teams and work closely with our clients at every stage of proceedings to help achieve commercially effective outcomes.
Whether dealing with commercial litigation costs, family law costs disputes, criminal proceedings, or complex international matters, our aim remains the same: to provide a service of the highest quality built upon expertise, integrity, and close attention to detail.