Points of Dispute Deadline Approaching – What Should You Do?
- Jun 6
- 3 min read
Receiving a Bill of Costs can create immediate pressure for paying parties, insurers and solicitors. One of the most important considerations is the deadline for serving Points of Dispute. Missing that deadline can significantly weaken a party's position and may expose them to additional costs consequences. Understanding the available options before the deadline expires can help protect both procedural and commercial interests.
Why The Deadline Matters
Points of Dispute are the primary mechanism by which a paying party challenges a Bill of Costs. They identify:
items in dispute
objections to recovery
issues regarding reasonableness
issues regarding proportionality
procedural challenges
Without properly drafted Points of Dispute, many potential arguments may never be advanced.
What Happens When A Bill Of Costs Is Served?
Following service of a Bill of Costs, the receiving party will normally expect a response within the applicable time limits.
At that stage, paying parties should consider:
the value of the claim
the likely costs exposure
the strengths and weaknesses of the bill
whether specialist costs advice is required
whether an extension of time may be needed
Early review frequently places parties in a stronger position.
Risks Of Missing The Deadline
Failure to respond within time can create significant difficulties.
Potential consequences include:
procedural disadvantage
increased costs exposure
reduced negotiating leverage
applications by the receiving party
default costs certificate proceedings
The precise consequences will depend upon the circumstances of the case.
Can The Deadline Be Extended?
In some cases, extensions may be agreed. Factors often include:
complexity of the bill
volume of documentation
ongoing negotiations
availability of information
proportionality considerations
However, parties should not assume that additional time will automatically be granted.
Default Costs Certificates
One of the most significant risks associated with missing deadlines is the possibility of a Default Costs Certificate. A Default Costs Certificate may substantially limit a paying party's ability to challenge the bill unless further steps are taken. Prompt action is therefore essential whenever deadlines are approaching or have already expired.
Common Mistakes Paying Parties Make
Leaving Review Until The Last Minute
Large bills often require detailed analysis.
Waiting until the final days can limit available options.
Assuming Every Item Must Be Challenged
Effective Points of Dispute focus on the issues that genuinely matter.
Strategic challenges are often more effective than indiscriminate objections.
Failing To Consider Settlement
Many costs disputes resolve without the need for a final detailed assessment hearing.
Early evaluation of settlement opportunities can often reduce overall expenditure.
Ignoring Procedural Risks
Procedural issues can sometimes have a greater impact than the substantive dispute itself.
What Should Paying Parties Do?
Where a deadline is approaching, parties should consider:
reviewing the bill promptly
identifying key areas of challenge
assessing proportionality issues
considering extensions where appropriate
obtaining specialist costs advice
preparing Points of Dispute in good time
Early preparation often improves both negotiation and assessment outcomes.
Why Early Costs Advice Matters
A well-considered response can influence the direction of the entire dispute.
Specialist costs input may assist with:
identifying weak areas of the bill
assessing likely recovery
evaluating proportionality arguments
preparing effective Points of Dispute
developing settlement strategy
The earlier advice is obtained, the greater the range of available options.
How SPH Costs Assists
SPH Costs regularly assists:
insurers
local authorities
businesses
solicitors
other paying parties
with:
reviewing Bills of Costs
drafting Points of Dispute
negotiating settlements
detailed assessment proceedings
costs strategy
We act in relation to a wide range of costs disputes across England & Wales.
Speak To A Costs Specialist
If you have:
received a Bill of Costs
a Points of Dispute deadline approaching
concerns regarding costs exposure
detailed assessment proceedings underway
SPH Costs provides specialist support for paying parties seeking to challenge costs effectively and proportionately.
Links
Challenge a Bill of Costs: https://www.sphcosts.com/challenge-a-bill
Detailed Assessment Guide: https://www.sphcosts.com/post/detailed-assessment-of-costs-guide
Bill of Costs Served?: https://www.sphcosts.com/post/bill-of-costs-served-what-should-paying-parties-do-next
Why Bills Are Reduced:
