Legal Costs Guide
When Do I Need a Costs Lawyer?
Costs issues can arise before proceedings, during litigation, after settlement, after judgment or when a solicitor-client bill is challenged. The earlier a costs lawyer is involved, the easier it is to avoid procedural and tactical mistakes.
After a Costs Order
If a court has ordered costs to be paid subject to detailed assessment, a costs lawyer can prepare or challenge the bill, deal with the notice of commencement, draft points or replies and advise on offers.
Before a CCMC
If the case requires a costs budget, a costs lawyer can help with Precedent H, assumptions, incurred costs, estimated phases and the budget discussion report.
When You Receive a Bill
If you receive a bill of costs from an opponent or your own solicitor, deadlines may be short. In detailed assessment, points of dispute are normally due within 21 days after service of the notice of commencement.
When Costs Could Decide Settlement
Part 36, QOCS, fixed recoverable costs and indemnity costs can materially change the value of a case. Costs advice before making or accepting an offer can prevent expensive mistakes.
When Your Own Solicitor Bills You
Clients can apply to have their own solicitor’s bill assessed under the Solicitors Act 1974. Time matters: within one month of delivery of the bill the client is normally entitled to an assessment as of right; after that the court has a discretion, and after twelve months or payment of the bill, special circumstances usually need to be shown. A costs lawyer can advise quickly on whether the bill is a statute bill at all and whether an application is worthwhile.
Fixed Costs Cases Still Raise Questions
Since the fixed recoverable costs extension in October 2023, many claims up to £100,000 are subject to fixed costs. That has not removed the arguments; it has moved them. Complexity banding, escape provisions, exceptional circumstances and the interaction of fixed costs with Part 36 all still benefit from specialist advice.
What a Costs Lawyer Will Ask You For
Expect to be asked for the costs order or settlement terms, the bill or schedule in dispute, any notice of commencement and its date of service, the retainer or CFA where solicitor-client issues arise, and a realistic note of what you want to achieve. Having these ready makes quotes faster and more accurate.
Frequently Asked Questions
Should I wait until the end of the case?
Not always. Costs budgeting, Part 36, QOCS and fixed recoverable costs often need advice before the case ends.
Can litigants in person use a costs lawyer?
Yes. Litigants in person may need help understanding a bill, challenging costs, responding to assessment documents or preparing for a hearing.
Is it too late once a default costs certificate has been issued?
Not necessarily, but the position is urgent. The court can set aside a default costs certificate where there is good reason, and prompt action significantly improves the prospects. Take advice the day you find out.
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