Legal Costs Lawyers & Law Costs Draftsmen

Law Costs Draftsmen UK

Legal Costs Lawyers & Law Costs Draftsmen in England & Wales

Legal costs are a specialist discipline within civil litigation. They are governed by detailed procedural rules, subject to close judicial scrutiny, and routinely disputed long after the substantive issues in a case have been resolved. For solicitors, errors in costs drafting, budgeting, or assessment strategy can result in significant and irreversible reductions, regardless of the outcome of the underlying claim.

Costs Lawyers and Law Costs Draftsmen exist because legal costs work is not an administrative exercise. It requires detailed knowledge of the Civil Procedure Rules, Practice Directions, judicial approaches to proportionality, and the realities of assessment in practice. Courts expect costs to be prepared, challenged, and defended by specialists who understand both the technical rules and how they are applied day-to-day.

SPH Costs provides specialist legal costs support to solicitors across England & Wales, acting as Costs Lawyers and Law Costs Draftsmen in relation to detailed assessment proceedings, costs budgeting, disputes, Legal Aid and CCMS claims, and Court of Protection costs. Our work is conducted on a national basis, with files handled electronically and advice provided irrespective of geographic location, allowing us to support firms wherever their litigation is conducted.

This page explains what Costs Lawyers and Law Costs Draftsmen do, when specialist costs expertise is required, and how legal costs are assessed and challenged in practice under the procedural framework in England & Wales.

What Does a Costs Lawyer Do?

A Costs Lawyer is a legal professional specialising exclusively in the law and procedure governing legal costs. Their role is to advise on, prepare, challenge, and advocate issues relating to costs in civil litigation, where disputes frequently arise after the substantive case has concluded. Costs Lawyers work within a framework defined by the Civil Procedure Rules, Practice Directions, and evolving judicial authority, requiring detailed technical knowledge and procedural accuracy.

In practice, Costs Lawyers are instructed to deal with matters such as the preparation and assessment of bills of costs, strategic advice on recoverability and proportionality, costs budgeting under CPR Part 3, advocacy in detailed assessment proceedings, and the resolution of complex costs disputes. Their involvement is particularly important where costs are likely to be contested, where procedural missteps may have significant financial consequences, or where judicial scrutiny is likely to be exacting.

Unlike general litigation work, costs law involves a distinct body of principles, deadlines, and tactical considerations. Courts expect parties dealing with costs to demonstrate a proper understanding of these rules, and judges frequently criticise poorly prepared bills, unrealistic budgets, or inadequately reasoned challenges. A Costs Lawyer’s role is to ensure that costs work is handled with the level of specialist expertise the courts expect, reducing the risk of avoidable reductions or adverse outcomes on assessment.

Costs Lawyer vs Law Costs Draftsman – Key Differences

Although the roles of Costs Lawyers and Law Costs Draftsmen overlap in practice, they are not the same, and the distinction matters in certain types of costs work. Confusion between the two is common, particularly among firms that encounter costs disputes infrequently, but choosing the wrong level of specialist support can have procedural and financial consequences.

A Law Costs Draftsman specialises in the preparation and negotiation of bills of costs and related costs documentation. Draftsmen are commonly instructed to prepare detailed bills, schedules, points of dispute, and replies, and to assist in the resolution of costs disputes through negotiation. In many cases, particularly where matters are relatively straightforward or unlikely to proceed to contested hearings, a skilled Law Costs Draftsman will be entirely appropriate.

A Costs Lawyer, by contrast, is a qualified legal professional whose practice is focused on costs law and procedure. In addition to drafting and advisory work, Costs Lawyers are able to provide higher-level strategic advice on complex or high-value costs disputes, proportionality challenges, and budgeting strategy, and may exercise rights of audience in appropriate circumstances. Their involvement is often required where costs issues are legally complex, heavily contested, or likely to come before a judge for determination.

In practical terms, the distinction becomes important where costs disputes escalate. Matters involving detailed assessment hearings, appeals on costs, significant proportionality arguments, or novel procedural issues frequently require the level of legal analysis and advocacy that a Costs Lawyer provides. Instructing a Costs Lawyer at the appropriate stage can prevent tactical errors, procedural missteps, or unrealistic positions that lead to avoidable reductions on assessment.

The choice between a Costs Lawyer and a Law Costs Draftsman is therefore not a question of hierarchy, but of suitability. Routine drafting and negotiation may be handled effectively by a Law Costs Draftsman, while complex, high-risk, or heavily disputed matters benefit from the additional expertise and legal oversight of a Costs Lawyer. Understanding when that distinction matters is key to managing costs risk effectively.

When Should Solicitors Instruct a Costs Specialist?

Solicitors typically instruct a Costs Lawyer or Law Costs Draftsman when costs are likely to be disputed, scrutinised, or subject to procedural risk. While some costs issues can be managed in-house, specialist costs input becomes important where the financial exposure is significant or where the procedural framework is unforgiving.

Common situations in which solicitors instruct a costs specialist include:

Detailed assessment proceedings, particularly where liability for costs is contested, reductions are anticipated, or the matter is likely to proceed to a hearing. Early specialist involvement can shape the structure and strategy of the bill and reduce avoidable challenges.
Costs budgeting under CPR Part 3, including the preparation of Precedent H budgets, advice on assumptions and contingencies, and strategic input where budgets are likely to be challenged on proportionality or reasonableness.
Points of dispute and replies, where poorly framed challenges or responses can undermine a party’s position on assessment. Effective costs advocacy often turns on the precision and tactical focus of these documents.
Proportionality disputes, particularly in higher-value or complex litigation where the relationship between costs incurred and the matters in issue is likely to attract judicial scrutiny.
Legal Aid and CCMS claims, where compliance with procedural requirements and accurate cost presentation is critical to avoid delay, reduction, or rejection of claims.
Court of Protection costs, which are subject to a distinct assessment regime and require familiarity with the applicable guidance and practice.
High-value or technically complex litigation, where costs issues are likely to be contested in detail and strategic decisions made early in the case can have a material impact on recoverability.

Instructing a costs specialist at an early stage allows potential issues to be identified and addressed before they crystallise into disputes. In many cases, early advice reduces overall costs exposure by avoiding procedural errors, unrealistic budgeting, or positions that are unlikely to withstand scrutiny on assessment.

How Legal Costs Are Assessed in England & Wales

Legal costs in civil proceedings are assessed in accordance with the Civil Procedure Rules and associated Practice Directions. Although the precise approach will depend on the nature of the proceedings and the basis of assessment, courts apply a structured framework when determining what costs are recoverable and in what amount. Understanding how that framework operates in practice is critical to managing costs risk effectively.

In broad terms, costs may be assessed on either the standard basis or the indemnity basis, with the applicable basis affecting how issues of reasonableness, proportionality, and doubt are resolved. On a standard basis assessment, any doubt as to whether costs were reasonably incurred or reasonable in amount is resolved in favour of the paying party, and the court will apply a proportionality test. On an indemnity basis assessment, doubt is resolved in favour of the receiving party, and proportionality does not apply in the same way.

Where costs are disputed, they are commonly determined through detailed assessment proceedings. This process involves the service of a bill of costs, followed by points of dispute and replies, and, where agreement cannot be reached, a hearing before a costs judge. Courts expect parties to engage with the process constructively and to narrow issues wherever possible, and they will often penalise unreasonable conduct through further costs orders.

In practice, judges focus on a number of recurring themes when assessing costs. These include whether the work undertaken was necessary and reasonable in the context of the issues in dispute, whether the level of fee earner and time claimed was appropriate, and whether the overall level of costs bears a reasonable relationship to the matters in issue. Costs that may appear reasonable in isolation can nevertheless be reduced where the court considers the total figure to be disproportionate.

Procedural compliance is also critical. Failures to comply with costs management orders, unrealistic or poorly prepared budgets, or inadequate explanations for departures from approved figures can result in significant reductions on assessment. Courts have shown little tolerance for generic or formulaic explanations, and they expect costs documents to demonstrate a clear and considered approach to the work undertaken.

A proper understanding of how costs are assessed therefore involves more than familiarity with the rules. It requires insight into judicial expectations, common areas of challenge, and the practical application of proportionality and reasonableness in real cases. This is why specialist costs input is often decisive in contested or high-value costs disputes.

Specialist Costs Services

Specialist costs services are required where costs issues demand procedural accuracy, strategic judgment, and an understanding of how courts approach assessment in practice. The services below reflect the areas in which costs work most commonly becomes contested or subject to close scrutiny, and where specialist handling can materially affect the outcome.

Detailed Bills of Costs

The preparation of a bill of costs is a critical stage in any costs recovery process. Effective bills require more than the accurate recording of time; they must present the work undertaken in a manner that is compliant with the Civil Procedure Rules, anticipates likely challenges, and withstands scrutiny on assessment. Poorly structured or inadequately reasoned bills frequently attract extensive reductions, regardless of the merits of the underlying claim.

Costs Budgeting and Precedent H

Costs budgeting under CPR Part 3 requires careful consideration of assumptions, contingencies, and proportionality. Precedent H budgets that are unrealistic, insufficiently explained, or poorly aligned with the case strategy are vulnerable to challenge and judicial criticism. Specialist input at the budgeting stage can have a lasting impact on recoverability later in the proceedings.

Points of Dispute and Replies

Points of dispute and replies play a central role in shaping the issues on detailed assessment. Effective costs advocacy at this stage involves identifying the arguments that matter, discarding those that do not, and presenting challenges and responses with precision and focus. Overly generic or unfocused documents tend to undermine a party’s position and prolong disputes unnecessarily.

Costs Advocacy

Where costs disputes proceed to hearing, advocacy requires familiarity with both the procedural framework and judicial expectations. Specialist costs advocacy focuses on narrowing issues, addressing proportionality and reasonableness directly, and presenting arguments in a manner that assists the court in reaching a determination efficiently.

Legal Aid and CCMS Costs

Legal Aid and CCMS claims involve a distinct procedural regime with specific compliance requirements. Errors in preparation or presentation can result in delayed payment or reduced recovery. Specialist costs support in this area is often essential to navigating the process effectively and avoiding avoidable setbacks.

Court of Protection Costs

Costs in Court of Protection proceedings are subject to particular assessment principles and guidance. Accurate preparation and an understanding of the applicable framework are essential to achieving appropriate recovery and managing challenges within this specialist jurisdiction.

Nationwide Costs Support Across England & Wales

Costs work is driven by procedure, not geography. Detailed assessment proceedings, costs budgeting, and costs disputes are governed by national rules and judicial guidance, and are routinely managed using electronic files and remote communication. As a result, specialist costs support can be provided effectively to solicitors wherever their litigation is conducted.

SPH Costs acts for solicitors across England & Wales, working with firms of all sizes and across a wide range of practice areas. Files are handled electronically, advice is provided remotely, and costs documentation is prepared and managed without regard to the physical location of the instructing firm. This approach reflects how modern costs work is conducted in practice and allows specialist support to be accessed efficiently on a national basis.

Our experience spans matters proceeding in courts and jurisdictions throughout England & Wales, including cases subject to detailed assessment, costs management, and specialist assessment regimes. The focus in each case is on procedural compliance, strategic clarity, and presenting costs in a manner that reflects both the applicable rules and judicial expectations, rather than local custom or convenience.

By operating on a nationwide basis, we are able to support solicitors consistently and effectively, regardless of where proceedings are issued or heard, and without the limitations imposed by geography.

Why Specialist Costs Expertise Matters

Legal costs are routinely treated as an afterthought until they become contentious. In practice, however, costs issues can have a decisive impact on the financial outcome of litigation, even where a party has been successful on the merits. Specialist costs expertise matters because mistakes made at earlier stages are rarely capable of being corrected once costs come before the court.

One of the most common causes of adverse outcomes on assessment is inadequate preparation. Poorly structured bills, unrealistic budgets, and generic explanations of work undertaken often attract judicial criticism and substantial reductions. Courts expect costs documents to demonstrate a clear understanding of the applicable rules, the issues in dispute, and the proportionality of the work claimed. Where that expectation is not met, the consequences are frequently severe.

Specialist costs expertise also matters in strategic decision-making. Knowing which points are worth pursuing, how to frame challenges effectively, and when to adopt a pragmatic approach can materially affect both the duration and outcome of costs disputes. Over-arguing weak points or failing to focus on the issues that genuinely concern the court can undermine an otherwise strong position.

Judicial tolerance for procedural non-compliance in costs matters is limited. Failures to comply with costs management orders, inadequately reasoned departures from approved budgets, or formulaic arguments unsupported by evidence are unlikely to be well received. Specialist costs practitioners are familiar with how these issues are approached in practice and can help ensure that costs are presented in a way that aligns with judicial expectations.

Ultimately, specialist costs expertise is about risk management. It reduces the likelihood of avoidable reductions, unnecessary disputes, and adverse costs orders, and helps ensure that costs recovery or exposure is managed with the same level of care as the substantive litigation itself.

About SPH Costs

SPH Costs is a specialist legal costs firm providing Costs Lawyer and Law Costs Draftsman services to solicitors across England & Wales. Our practice is focused exclusively on legal costs, including detailed assessment proceedings, costs budgeting, disputes, Legal Aid and CCMS claims, and Court of Protection costs.

We act for a broad range of clients, including solicitors’ firms, local authorities, and other professional organisations, supporting both paying and receiving parties in costs matters. Our work spans routine drafting through to complex, high-value, and heavily contested costs disputes requiring detailed procedural analysis and strategic input.

The firm’s approach is grounded in procedural accuracy and practical judgment. We focus on presenting costs in a way that reflects the applicable rules, anticipates likely areas of challenge, and aligns with judicial expectations in assessment proceedings. This emphasis on clarity and realism is intended to reduce unnecessary disputes and manage costs risk effectively.

Our costs work is undertaken on a national basis. Files are handled electronically and advice is provided remotely, allowing us to support solicitors wherever their litigation is conducted. This reflects the way modern costs practice operates and enables consistent specialist support across England & Wales.

Frequently Asked Questions on Legal Costs

Do I need a Costs Lawyer or a Law Costs Draftsman?

The appropriate level of specialist support depends on the nature and risk of the costs issue. Routine drafting and negotiation may be handled effectively by a Law Costs Draftsman, whereas complex, high-value, or heavily contested matters — particularly those involving advocacy, proportionality disputes, or novel procedural issues — often require the involvement of a Costs Lawyer. Understanding when that distinction matters is key to managing costs risk.

What is a detailed assessment of costs?

A detailed assessment is the court process by which disputed costs are examined and determined in accordance with the Civil Procedure Rules. It involves the preparation of a bill of costs, the exchange of points of dispute and replies, and, where agreement cannot be reached, a hearing before a costs judge. The court will assess whether costs were reasonably incurred and reasonable in amount, applying the relevant basis of assessment.

When should costs be budgeted?

In cases subject to costs management, budgets are typically required early in the proceedings in accordance with CPR Part 3. Effective budgeting requires careful consideration of assumptions, contingencies, and proportionality. Decisions made at the budgeting stage can have a lasting impact on recoverability later in the case, making early specialist input advisable in many matters.

How does proportionality affect costs recovery?

Proportionality is a key consideration on standard basis assessment. Even where individual items of work are reasonable, the court may reduce overall costs if they are considered disproportionate to the matters in issue. Proportionality is assessed by reference to factors such as the value, complexity, and importance of the case, and it plays a significant role in both budgeting and assessment.

Can costs be challenged after settlement?

Yes. Settlement of the substantive dispute does not necessarily resolve issues relating to costs. Where costs are not agreed, they may still be subject to assessment in accordance with the applicable order or agreement. The scope and basis of any assessment will depend on the terms of settlement and the relevant procedural rules.

Why are costs frequently reduced on assessment?

Costs are commonly reduced due to issues such as inadequate explanation of work undertaken, unrealistic time claims, poor compliance with procedural requirements, or a lack of proportionality. Courts expect costs documents to demonstrate a clear and reasoned approach, and they have limited tolerance for generic or formulaic presentations.

Can specialist costs input reduce overall costs exposure?

In many cases, yes. Early specialist advice can help avoid procedural errors, unrealistic budgeting, and unfocused disputes, all of which can increase costs exposure. Effective costs strategy often reduces the duration and intensity of disputes and improves the likelihood of achieving a realistic and defensible outcome.

Legal Costs Lawyers & Law Costs Draftsmen in England & Wales

Law Costs Draftsmen UK