Draft Points of Dispute: Costs Draftsman Services for Paying Parties

 

Draft Points of Dispute: Reducing a Bill of Costs

 

If you have been served with a bill of costs, the Points of Dispute will determine whether that bill is reduced, or largely allowed. For paying parties, insurers and defendants, detailed assessment outcomes are rarely decided at the hearing itself. They are driven by:

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• how the Points of Dispute are structured

• how proportionality is advanced

• whether the key weaknesses in the bill are identified early

 

Weak or generic Points of Dispute frequently result in avoidable costs being allowed. Structured, targeted drafting creates leverage and drives reductions.

 

Points of Dispute Drafting for Paying Parties

 

We act for:

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• insurers

• local authorities

• public bodies

• private defendants

 

across England & Wales in drafting Points of Dispute in detailed assessment proceedings under CPR Part 47.

Our focus is on identifying the issues most likely to influence the outcome and advancing those challenges effectively.

For a broader overview of strategy, see:
https://www.sphcosts.com/detailed-assessment-costs-disputes

 

Why Points of Dispute Matter

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Points of Dispute define the scope of the dispute. They determine:

• which costs are challenged

• how those challenges are framed

• the issues the court will ultimately decide

Unfocused or generic Points of Dispute are far less effective in negotiation and at assessment.

 

Well-structured Points of Dispute allow:

• early identification of reduction opportunities

• stronger negotiation positioning

• improved outcomes at provisional or oral assessment

 

For a practical guide to how paying parties challenge costs, see:
https://www.sphcosts.com/post/how-paying-parties-challenge-a-bill-of-costs-at-detailed-assessment

 

What We Do

 

We provide full drafting and strategic support, including:

• drafting Points of Dispute for detailed assessment proceedings

• reviewing bills of costs and identifying key reduction opportunities

• challenging hourly rates and fee earner grading

• identifying duplication and inefficiency

• advancing proportionality arguments

• challenging recoverability and scope

• preparing matters for negotiation or assessment

Our approach focuses on the issues most likely to achieve meaningful reductions.

 

What Makes Points of Dispute Effective

 

Points of Dispute are not a procedural formality. They define the paying party’s case.

Effective Points of Dispute are:

• Targeted — focusing on the entries and issues most likely to carry weight

• Structured — compliant with Precedent G and CPR Part 47

• Strategic — linking individual challenges to proportionality and overall exposure

Generic objections weaken credibility. Structured, evidence-based challenges improve both negotiation leverage and assessment outcomes.

 

For a detailed explanation of how Points of Dispute operate, see:
https://www.sphcosts.com/post/points-of-dispute-detailed-assessment

 

Key Areas of Challenge

 

Most reductions arise from a small number of recurring issues:

 

Hourly Rates

• rates exceeding guideline levels

• lack of justification for enhancement

• incorrect fee earner grading

See: https://www.sphcosts.com/post/guideline-hourly-rates-2026

 

Delegation and Duplication

• senior fee earners undertaking routine work

• multiple fee earners attending the same tasks

• repeated review and internal communication

 

Proportionality

Even where individual items are reasonable, the overall bill may still be disproportionate.

See: https://www.sphcosts.com/post/proportionality-challenges-at-detailed-assessment

 

Recoverability and Scope

• work outside the scope of the claim

• procedural defects affecting recovery

• fixed costs arguments under CPR Part 45

 

Strategic Approach to Drafting

Effective Points of Dispute go beyond item-by-item challenges.

 

The strongest outcomes arise where:

• hourly rates

• time claimed

• delegation

• overall totals

are linked to proportionality, conduct and the actual requirements of the litigation.

 

This integrated approach frequently results in:

• early negotiated reductions

• improved provisional assessment outcomes

• stronger positioning if the matter proceeds to hearing

 

Proven Results

 

£30,000 saving achieved before detailed assessment

A Schedule of Costs of approximately £70,000 was served in a public liability claim.

Our Points of Dispute focused on:

• excessive Grade A fee earner time

• duplication where Counsel had undertaken key work

• disproportionate costs relative to damages

• lack of breakdown in significant time entries

We also deployed procedural pressure and technical arguments.

Outcome:

• costs reduced to approximately £40,000

• saving of around £30,000 (43%)

• contribution secured towards the Defendant’s own costs

 

£15,500 claim reduced to £150

In a housing disrepair claim, a Bill of Costs of approximately £15,500 was served following discontinued proceedings.

We advanced:

• challenges to recoverability of pre-issue costs

• procedural arguments arising from discontinuance

• proportionality challenges

The matter proceeded through detailed assessment and further application.

Outcome:

• approximately £3,600 allowed on assessment

• net recovery reduced to around £150

• claimant’s position significantly worsened

 

When to Instruct a Costs Draftsman

 

Specialist drafting is particularly valuable where:

• the bill is high value

• hourly rates are significantly above guideline levels

• there is evidence of duplication or over-lawyering

• proportionality is in issue

• fixed recoverable costs may apply

Early instruction allows the strongest arguments to be identified and advanced before positions become entrenched.

 

Points of Dispute and Overall Strategy

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Points of Dispute do not operate in isolation. They form part of a wider strategy to reduce exposure at detailed assessment. The strongest outcomes arise where:

• the bill is reviewed holistically

• key pressure points are identified early

• Points of Dispute align with proportionality and conduct arguments

• negotiation is approached strategically

For a structured approach, see: https://www.sphcosts.com/detailed-assessment-costs-disputes

 

Reduce a Bill of Costs

 

We act for paying parties across England & Wales in reducing exposure through structured Points of Dispute and detailed assessment strategy.

👉 Challenge a Bill of Costs
https://www.sphcosts.com/challenge-bill-of-costs

👉 Detailed Assessment Strategy
https://www.sphcosts.com/detailed-assessment-costs-disputes

👉 Contact SPH Costs
https://www.sphcosts.com/contact