Points of Dispute must follow Precedent G in the Schedule of Costs Precedents annexed to Practice Direction 47, so far as practicable. It’s a short rule with consequences that should not be ignored; a paying party who does ignore the prescribed formats risks their objections being given limited weight, or in serious cases, struck out entirely. This guide sets out what Precedent G actually requires and where practitioners most often go wrong.

What Is Precedent G?

Precedent G is the standard for Points of Dispute set out in the Schedule of Costs Precedents annexed to Practice Direction 47. It governs how a paying party must respond to a bill of costs following service of the bill, and it applies whether the paying party is a solicitor, an insurer, or a litigant in person acting without representation.

CPR 47.13 requires that Points of Dispute be short and to the point. The rule then breaks this down into two specific requirements: Points of Dispute must identify any general points or matters of principle which need deciding before individual items in the bill are addressed, and must identify specific points, stating concisely the nature and grounds of dispute for each one.

The Structure Precedent G Requires

Precedent G separates objections into two categories, and getting this distinction right is the first thing a costs judge will look for.

General points deal with matters of principle affecting the bill as a whole, or a substantial part of it, for example, a challenge to the validity of the retainer, or an argument that the hourly rate claimed throughout the bill is excessive. These points are set out first and should be resolved, at least in principle, before the item-by-item challenges are considered.

Specific points address individual entries in the bill as a whole, or a substantial part of it, for example, a challenge to the validity of the retainer, or an argument that the hourly rate claimed throughout the bill is excessive. These points are set out first and should be resolved, at least in principle, before the item-by-item challenges are considered.

Both categories share the same underlying requirement – objections must be specific enough that the receiving party can give a meaningful reply. Generalised criticism of a bill, without engaging with individual entries or explaining why costs were not reasonably incurred, is unlikely to satisfy Precedent G and risks the point carrying little weight at a detailed assessment hearing.

Common Drafting Mistakes

A few recurring issues come up when Points of Dispute don’t follow Precedent G correctly:

• Vague, unparticularised points. A point that simply asserts document time or a fee earner’s hourly rate is “excessive” or “disproportionate,” without engaging with specific entries, doesn’t meet the requirement to state the nature and grounds of dispute concisely.
• Repeating the same objection at length. Precedent G is designed to avoid this – once a general point has been made, it should be cross-referenced by item number, not rewritten each time.
• Missing the assessment track. Whether a matter proceeds to a provisional assessment (bills under £75,000) or a full detailed assessment hearing affects how much can realistically be argued on paper versus before a costs judge, and Points of Dispute should be drafted with that in mind from the outset.
• Late or incomplete service. Points of dispute are due within 21 days of service of the bill. Missing this deadline risks a Default Costs Certificate being obtained for the full amount claimed.

Why the Format Matters

Precedent G isn’t simply a formatting preference; it reflects the court’s expectation that Points of Dispute genuinely narrow the issues in dispute ahead of negotiation or a detailed assessment hearing, rather than functioning as a blanket objection to the bill. Well-drafted points, properly structured, put the paying party in a stronger position to negotiate a reduction with the receiving party before the matter ever reaches a costs judge.

Frequently Asked Questions

What is Precedent G? Precedent G is the standard form set out in the Schedule of Costs Precedents annexed to Practice Direction 47. It sets the required format for Points of Dispute, including how general points and specific, item-by-item objections should be presented.

Is it mandatory to use the Precedent G format? CPR 47.13 requires Points of Dispute to follow Precedent G so far as practicable. It isn’t usually treated as an absolute requirement in every respect, but departing from it without good reason can weaken how persuasive the objections appear, and in more serious cases of non-compliance a costs judge may limit the weight given to a point or, in extreme cases, decline to allow it.

What’s the difference between a general point and a specific point? A general point addresses a matter of principle affecting the bill as a whole, or a substantial part of it, such as the validity of the retainer. A specific point challenges an individual entry in the bill and should state concisely the nature and grounds of dispute, with relevant item numbers inserted against it rather than the objection being repeated in full.

How long do I have to serve Points of Dispute? Points of Dispute are usually due within 21 days of service of the bill of costs. Missing this deadline can result in a Default Costs Certificate being obtained by the receiving party for the full amount claimed.

Can a litigant in person use Precedent G? Yes. The Precedent G format applies to any paying party responding to a bill of costs, whether represented or acting as a litigant in person, though litigants in person are often well advised to seek specialist input given how much turns on the objections being properly particularised.

How Greener Costs Can Help

Our team of costs lawyers and costs draftsmen prepares Points of Dispute in the correct Precedent G format, and drafts Replies to Points of Dispute where a response is needed, from the days of instruction through to any detailed assessment hearing, for both paying and receiving parties across England and Wales. We work to identify the strongest and most specific grounds of dispute available on each bill, with the aim of helping our clients achieve the best possible outcome, whether that’s a negotiated settlement or a resolved assessment.

If you’d like assistance drafting Points of Dispute in the correct Precedent G format, get in touch with the Greener Costs team today for a free, no-obligation discussion. Call us on 01204 263047 or email info@greenercosts.co.uk.