What Are Points of Dispute?

Points of Dispute are a formal pleading served in detailed assessment proceedings to challenge items within a bill of costs submitted by the receiving party. Pursuant to CPR Part 47, once a receiving party serves a Notice of Commencement alongside the bill of costs, the paying party has 21 days from the date of service to prepare and serve Points of Dispute.

The document identifies specific items in the bill that are disputed, including issues such as excessive hourly rates, duplication of work, or disproportionate time spent on particular tasks.

Failure to serve Points of Dispute within the permitted timeframe may result in the receiving party obtaining a default costs certificate, allowing enforcement of the full claimed amount. Such certificates form part of the procedural safeguards within detailed assessment proceedings.

Although a default costs certificate may be challenged in limited circumstances, the Court expects any application to set aside such certificates to be supported by clear and reasoned arguments.

 

How Should Points of Dispute Be Prepared?

Points of Dispute must comply with Practice Direction 47, paragraph 8 (PD 47.8), and should follow the structure of Precedent G.

Practice Direction 47.8 states that Points of Dispute should be prepared so far as practicable in accordance with the prescribed costs precedents and must be “short and to the point”.

The guidance further requires that objections identify any general points or matters of principle which require decision before the individual items in the bill are addressed and identify specific points, stating concisely the nature and grounds of dispute.

In practical terms, broader challenges such as proportionality, retainer validity, or hourly rate objections should be placed at the beginning of the document, followed by itemised objections.

Courts will often criticise overly generalised objections. Once a point is raised, it should not be repeated. Instead, item numbers should be referenced where appropriate.

 

Strategic Considerations When Drafting

Effective Points of Dispute are not purely procedural documents but strategic tools in costs litigation.

High-value reductions are often achieved by focusing on hourly rate challenges, alleged duplication between fee earners and Counsel, excessive items in the bill relating to document review or preparation, Counsel’s brief and refresher fees, and proportionality arguments under CPR Part 44.

These objections should be supported by clearly articulated grounds of dispute.

The paying party must ensure objections are framed in a manner capable of response by the receiving party, as demonstrated in modern costs litigation practice.

 

Judicial Scrutiny and Authority

The importance of precision in costs objections was highlighted in the Court of Appeal decision in Ainsworth v Stewarts Law LLP.

The judgment confirmed that generalised objections may fail to allow meaningful replies from the receiving party. The Court emphasised the need for objections to be itemised and sufficiently detailed to enable proper engagement with the grounds of dispute raised.

 

Practical Role of Points of Dispute in Litigation

In modern costs litigation practice, Points of Dispute are frequently used as a strategic document to narrow issues before negotiation or assessment rather than simply as a procedural response to a bill of costs. Properly drafted objections assist in focusing attention on genuinely contested items and can support settlement discussions prior to a detailed assessment hearing.

Courts expect objections to be particularised and capable of receiving a meaningful response. Generalised criticism of billing entries is unlikely to be persuasive. Preparation should therefore prioritise substantive challenges supported by clear reasoning.

 

What Is Included in Our Points of Dispute Drafting Service?

Our Points of Dispute drafting service includes a detailed review of the relevant bill of costs and preparation of structured objections compliant with CPR Part 47 and Practice Direction 47. We focus on identifying the strongest grounds of dispute, including challenges to excessive time spent, hourly rates, duplication of work and proportionality arguments.

Each document is prepared with attention to litigation strategy as well as procedural compliance, supporting negotiation discussions and detailed assessment proceedings where necessary.

 

What Happens After Service?

Following service of Points of Dispute, the receiving party may respond by serving Replies within 21 days.

These exchanges help narrow the issues for determination during detailed assessment proceedings and may support negotiation discussions.

For matters valued under £75,000, the Court will typically conduct a detailed assessment hearing by provisional, paper-based review. In such circumstances, it is essential that all arguments are properly included within written submissions because there may be limited opportunity to introduce new material.

If agreement cannot be reached, the matter will proceed to a formal, detailed assessment hearing before a Costs Judge.

 

Frequently Asked Questions

Can Points of Dispute be amended after they are served?

Amendments are not automatic once Points of Dispute have been filed. The Court may permit amendments where there is good reason and where the amendment does not prejudice the opposing party.

Applications to amend must be justified by reference to procedural fairness. Late amendments may attract adverse costs consequences if they are considered unnecessary or disruptive to proceedings.

Do Points of Dispute need supporting evidence?

Points of Dispute are not usually intended to function as evidential exhibits. Instead, they should clearly set out the nature of each objection raised.

Supporting material may be referenced during negotiation or assessment where appropriate, but the primary purpose is to frame the principle which requires decision.

Is it possible to challenge the entire Bill of Costs?

In some circumstances, the whole bill of costs may be challenged, particularly where issues arise concerning the validity of the retainer or overarching proportionality concerns.

However, the Court generally prefers objections to be itemised rather than framed as blanket disputes against the entirety of the claim.

What is the difference between Points of Dispute and Replies?

Points of Dispute are prepared by the paying party, whereas Replies are prepared by the receiving party in response to the disputed entries.

The exchange of documents assists in narrowing issues before any detailed assessment hearing takes place.

Do most detailed assessment cases settle?

Many matters resolve after document exchange, particularly where objections are drafted in a commercially realistic and strategically focused manner.

Early identification of strong and weak arguments can assist parties in reaching settlement without proceeding to a contested hearing.

 

How Greener Costs Can Assist

Points of Dispute must be carefully structured, properly reasoned and fully compliant with CPR Part 47 . Poorly drafted objections can weaken negotiation position and increase costs risk.

Greener Costs provides specialist assistance with the preparation of Points of Dispute and Replies in detailed assessment proceedings. We act for both paying and receiving parties and offer clear, practical advice tailored to the circumstances of each matter.

For further information or to discuss an instruction, please contact our team via info@greenercosts.co.uk. We will be pleased to review the relevant documentation and advise on the appropriate course.