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Persuasive Costs Pleadings That Shape the Assessment

Clear Arguments for Paying and Receiving Parties

Every costs dispute turns on its own mix of principle and detail and our role is to present your case in the strongest possible terms. When acting for paying parties, we draft Points of Dispute that identify genuine vulnerabilities in the bill, challenge recoverability, reasonableness and proportionality and set out clear grounds for reduction. When acting for receiving parties, we prepare Replies that defend the bill robustly, answer challenges with precision and reinforce the proper justification for the costs claimed.

We structure pleadings so that issues of principle, such as proportionality, hourly rates, scope of work or budgeting consequences, are dealt with first, before moving to targeted challenges or responses on individual items. Where technical points affect the claim more broadly, including retainer validity or entitlement issues, we handle these carefully and with full reference to the relevant authorities.

Throughout, we keep the pleadings focused and court ready. They are short where they should be short, detailed where clarity is required and always written to make the dispute easy to understand and determine.

Our approach

Our approach combines rigorous technical analysis with disciplined drafting. We begin by reviewing the bill and any associated orders, budgets, conduct issues or settlement history to identify the key battlegrounds and the realistic assessment outcome. This allows us to advise early on the strengths and weaknesses of the position and the arguments most likely to influence recovery.

When drafting, we follow the requirements of Practice Direction 47 by keeping points concise and to the point, while ensuring they remain persuasive and properly supported. We avoid scattergun pleadings and instead focus on the points that genuinely matter, those that affect phases, proportionality, recoverability or major value drivers in the claim. Each argument is anchored in the rules and authorities, with a clear explanation of what is disputed and why.

For Replies, we ensure that each challenge is answered directly and strategically, correcting misconceptions, defending the need for the work and reinforcing proportionality. For Points of Dispute, we state objections clearly and in a way that supports negotiation as well as assessment.

At every stage, we provide pragmatic advice on likely outcomes and settlement strategy so clients can make confident, commercially informed decisions.

Why choose Athene Legal?

Clients instruct us because we combine specialist costs knowledge with concise, effective advocacy on paper. We understand what costs judges look for in Points of Dispute and Replies and we draft with that audience firmly in mind.

We are experienced in handling both sides of the pleadings process, which gives us a clear sense of how arguments are likely to be received and where the true leverage lies. Our drafting is measured, strategic and rooted in a realistic view of assessment outcomes, helping clients avoid wasted dispute and focus on recoverable value.

Whether the aim is to defend a substantial bill or reduce an overstated claim, we prepare pleadings that are clear, technically robust and focused on securing the best possible position for negotiation and assessment.

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Firms across the UK rely on our expertise, precision and results. Here’s what our clients say about working with us.

“I engaged Tyler at Athene Legal after scoring a significant victory at trial for a client in hotly contested and complex High Court Litigation. Tyler and his team’s work on the bill of costs was efficient and detailed, and his pragmatic and commercially focused advice assisted in the early resolution of the costs issue on sensible terms. I would be happy using Athene Legal again and would recommend them to colleagues and contacts.”

Peter BrewerClarke Willmott

“The support that they have provided in preparing our costs budgets and bills in highly complex cases has been superb. Their advice is clear, and we always feel confident in obtaining an excellent result by instructing them.”

PartnerTop 100 UK law firm

18

Highest costs case

280

Most claimants in group litigation

50

Serving over 50 top law firms

Frequently asked questions

What is the period for serving points of dispute and reply?

The period for serving points of dispute is 21 days after the date of service of the notice of commencement. Thereafter, the receiving party may serve points of reply within 21 days after being served with the points of dispute.

What happens if the paying party fails to serve points of dispute?

If the receiving party has not been served with any points of dispute, it may file a request for a default costs certificate. A default costs certificate orders the paying party to pay the full amount of costs claimed in the receiving party’s bill of costs.

How detailed should points of dispute and reply be?

Points of dispute should be short and to the point. They should identify specific points, stating concisely the nature and grounds of dispute and once a point has been made it should not be repeated. Judges can be put off by points of dispute or replies that are excessive in length.

The costs of the detailed assessment can also be driven up when submissions quote lengthy parts of the CPR or case law, especially those served by paying parties as the usual consequence is that the receiving party feels compelled to serve lengthy arguments in response.

With that said, it’s imperative for parties to properly explain the reasons as to why they dispute an item in the bill of costs as it is not enough to simply state that an item is disputed.

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