The preparation of Replies and Points of Dispute remains a very active part of the costs process, post Jackson.
Provisional Assessment is now mandatory in costs claims worth less than £75,000 and given the absence of an Advocate to represent you on such assessments the Replies we prepare have taken on greater significance than ever before. Within the confines of the new rules and guidance, as well as the capping of costs of assessment up to Provisional Assessment, we are able to prepare bespoke Replies which support your claim for costs and also encourage settlement wherever possible. We can also provide a detailed accompanying Advice to explain the strengths and weaknesses of your claim for costs at the Replies stage.
We also continue to prepare Replies in high value costs claims, the length and detail of which is generally dictated by the Points of Dispute an opponent raises. The recoverable costs of Replies in costs claims worth more than £75,000 are not capped but we remain vigilant as to ensuring we only ever incur reasonable and proportionate costs which are recoverable upon settlement.
On the occasions where you find yourself as the Paying Party we can also prepare Points of Dispute on your behalf. Where necessary we have the personnel to ensure the strict deadlines for compliance can be met. However, the sooner you can get your papers and the Bill of Costs to us, the more time we can give you to approve our Points of Dispute and consider our advice.
The drafting of costs pleadings is increasingly recognised by the Courts as a very specialist activity. We have a range of Solicitors and Costs Lawyers spanning Grades A to D. We will only ever direct your work to a fee earner of appropriate standing for the issues raised.
As you would expect, we seek to manage and control the costs of assessment at every step.