Costs Procedure
Your case is finished and you are now either entitled to your costs or you have to pay the other side’s costs so the question you ask yourself is what do I do next?
We are specialists in the area of costs and can provide as much support as you require, whether it be preparation of the Formal Bill of Costs or attending Court to defend a Formal Bill you have been served with.
Upon conclusion of the main action a Formal Bill of Costs will be prepared.
This is an extremely detailed document showing how every 6 minutes of time has been spent by the Solicitor handling the case. It also shows Counsel's fees and all disbursements.
This document is served on the paying party and they will have 21 days to provide Points of Dispute.
The Points of Dispute are essentially a detailed list of all the issues the Defendant has in respect of the Bill. For example they may say that 30 minutes to consider a document is too high or that too many letters have been written to an expert.
Once Points of Dispute are provided Replies to Points of Dispute are prepared. This is a point by point response explaining to the paying party why the time claimed was incurred and why it is reasonably claimed.
Throughout this time attempts are made to negotiate a settlement.
If a settlement is not achievable the matter will proceed to a Detailed Assessment Hearing. This is a hearing before a Costs Master which usually takes place in the Senior Court Costs Office (SCCO). The SCCO is a specialist division of the High Court which deals solely with costs.
Essentially what happens is that the Costs Master will hear submission in chambers from both parties as to the nature of the costs claimed. The Judge will then make a decision in respect of every aspect of the Bill of Costs and will order the paying party to pay an amount the Judge considers reasonable.
We will advise you in respect of all aspects of the above and ensure that if you are claiming costs that the maximum is recovered and in turn, if you are paying costs that you pay as little as possible.
For more information contact us on 01689 848311 or email us today.