Legal Costs Guide
How Much Does a Costs Lawyer Cost?
The cost of instructing a costs lawyer depends on the job. A short bill review is very different from a full electronic bill, detailed points of dispute, replies, negotiations and an assessment hearing.
Common Fee Structures
Costs lawyers may charge hourly rates, fixed fees, staged fees or a percentage-based fee for certain bill drafting work. The right structure depends on the size of the bill, the complexity of the case and how much uncertainty there is in the task.
Indicative Price Shapes
Every quote depends on the papers, but as a very rough indication of how the market prices work: a short schedule of costs or N260 is often a modest fixed fee in the low hundreds of pounds; a full bill of costs is commonly priced by reference to the size and organisation of the file, frequently landing in the hundreds to low thousands; points of dispute and replies are usually priced against the size of the bill and the number of genuine issues; and advocacy at a detailed assessment hearing is typically charged per day or half day. Treat any figure quoted without sight of the papers as provisional.
What Affects the Price
The main factors are the value of the bill, number of documents, length of the underlying litigation, number of fee earners, volume of disbursements, whether the bill must be electronic, and whether there are technical issues such as Part 36, QOCS, fixed costs or solicitor-client assessment.
Are Costs Lawyer Fees Recoverable?
In inter partes detailed assessment, the reasonable cost of preparing the bill and dealing with assessment may itself be recoverable as part of the costs of assessment. Recoverability depends on the order, the work done and the basis of assessment.
The Provisional Assessment Cap
Where the costs claimed are £75,000 or less, detailed assessment normally proceeds as a provisional assessment on paper under CPR 47.15. The costs either party can recover for the assessment process itself are capped at £1,500 plus VAT and court fees. That cap shapes sensible spending: in a provisional assessment case there is little point paying for assessment work that can never be recovered.
How to Keep the Cost Down
Well-organised papers reduce drafting time, and drafting time drives price. Electronic time ledgers, a complete set of disbursement vouchers, counsel fee notes, and a short chronology of the litigation all help a costs lawyer quote tightly and work efficiently. If the file is in good order, say so when you ask for quotes; if it is not, expect quotes to carry a margin for the tidy-up.
Frequently Asked Questions
Can I get a fixed fee?
Often, yes, especially for defined work such as a bill review, N260, short schedule or points of dispute on a modest bill. Complex or document-heavy work may need an hourly or staged quote.
Should I choose the cheapest quote?
Not automatically. Experience, turnaround time and scope matter. A cheaper quote can be false economy if it misses recoverable work or fails to address an important objection.
Do costs lawyers charge for an initial view?
Practice varies. Many costs lawyers will look at the headline position without charge before quoting, because they need to see the shape of the papers to price the work at all. A detailed written advice is normally chargeable.
Is bill drafting charged as a percentage of the bill?
Some draftsmen and costs lawyers price bill preparation by reference to the bill value, others by time or fixed fee. Percentage pricing is common for routine volume work but less common for complex bills, where time spent reflects the work better. Always confirm the basis before instructing.
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