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Drafting and Negotiation

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Drafting

The Cost Team can also draft and produce all required documents for cost litigation after settlement of damages to an extremely high standard. Below are some examples of Drafting:

Estimates of Costs

Estimates of Costs are mainly drafted to accompany your Listing Questionnaire. Some people believe these are no longer necessary due to CPR 43 being omitted, however CPR PD 28 rule 6 asserts attention is drawn to Costs Practice Direction, Section 6, which requires a cost estimate to be filed and served at the same time as the pre-trial check list is filled. The estimate gives a description of your incurred costs to date and estimated future costs. It is in essence a very simplified Budget.

Statements of Costs

Statement of Costs are used for Summary Assessment. The document needs to be drafted and served before any hearing, where you will seek costs. If it is a routine or Application hearing it must be served 24 hours before the Hearing. If it is a Trial it must be served 48 hours before the Hearing, CPR 45 PD rule 9.5. all costs you are seeking for that hearing must be contained with in the document and full costs must be contained for Trial.

Schedules of Costs

Schedules of Costs are often served after settlement as an informal breakdown of the costs without the full detail of a Bill of Costs. They contain all the cost information, but do not provide as much detail as a Bill of Costs. They will be served informally and used to negotiate a settlement on costs. If this cannot be agreed a full Bill of Costs will be drafted.

Bill of Costs

The Bill of Costs details all costs incurred during the progression of the claim including, profit costs, disbursements and if applicable VAT. CPR 47 PD rule 5 comments on how a Bill of Costs should be drafted. It will change depending upon the allocation of the litigation, the amount of parties, the amount of Fee Earners who had conduct, the amount of retainers the work was conducted under and many more different elements.

Negotiations

The Costs Team can negotiate any of the above served documents to ensure high costs recovery and profitability. Once the Bill of Costs is served formally the following negotiations take place.

Points of Dispute and Points of Reply

Points of Dispute (POD) will be served against the Bill of Costs within 21 days of it being served on the other party. The POD detail all the areas of dispute the other Party has with the Bill of Costs served. They will create a separate paragraph for each dispute, which should correlate with the numbering in the Bill of Costs with items claimed. POD must be short and to the point. If they are not served within the 21-day period from when the Bill served a Default Cost Certificate can be obtained asserting the Paying Party has to pay the full amount of the bill and has lost their right to negotiate.

Points of Reply (PIR) are the Receiving Party’s response to the POD. There is also a section for the Judge to complete their comments and agreements with either parties’ points.

Provisional and Detailed Assessment

If an agreement cannot be met between the Parties during POD and PIR then the claim will progress to assessment by the Court. There are two types of assessment, either Provisional or Detailed.

Provisional Assessment is done on paper by the Judge and no Parties attend the hearing. This method only applies to Bills of Costs under £75,000.00.

Detailed assessment is for all bills above £75,000.00 or disputes following Provisional Assessment. A hearing is listed, and all parties must attend before the Judge to discuss the disputes raised and reach agreement on the settlement of costs.

The costs recoverable for Provisional Assessment are capped at £1,500.00 plus VAT and Court Fee. The costs for Detailed assessment are not capped.

Fixed CPR Costs and Part 8 Cost Proceedings

The team also has a wealth of knowledge on all fixed cost reforms and how to ensure maximum costs are recovered. The Part 8 claims run by the Department to recover fixed costs and disbursements are highly successful and ensure full recovery of your costs.

Consideration for a Part 8 claim is free and the charge for the service if the claim is taken on is recoverable from your opponent.

Negotiating Adverse Costs

The Costs Team can also fully handle any Bills of Costs served against you. We have detailed and technical arguments to reduce the costs owed and ensure proportionality is implemented. The service is offered on an hourly rate basis.

Our business services

Bills of Costs

Estimates of Costs

Fixed CPR Costs

Interest

Negotiating Adverse Costs

Negotiations

Part 8 Costs Proceedings

Points of Dispute and Points of Reply

Provisional and Detailed Assessment

Schedules of Costs

Statements of Costs

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