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Specialist Support Through Detailed and Provisional Assessment

A Complete Detailed Assessment Service

Our role is to manage the assessment process from start to finish in a way that strengthens your position and keeps the dispute focused. For receiving parties, we draft and serve all commencement documents, including the bill of costs and notice of commencement and advise on timing, interest and interim payments where appropriate. We ensure the claim is framed clearly and proportionately, supporting both negotiation and assessment.

For paying parties, we review the bill critically and prepare focused challenges where costs are excessive, disproportionate or unrecoverable. We draft Points of Dispute, respond to Replies and advise on likely outcomes at each stage so that settlement decisions are made with confidence.

Throughout the process, we pursue resolution where it is commercially sensible. We advise on and advance settlement offers, including Part 36 where appropriate and negotiate firmly but constructively to avoid unnecessary hearings. Where assessment proceeds, we prepare hearing bundles, schedules and submissions and represent clients at both provisional and oral assessments.

Our approach

We approach detailed assessment as a structured process that requires both procedural accuracy and strategic judgment. At the outset, we assess the relevant costs order, any costs management history, proportionality risk and the practical prospects of agreement. This informs early advice on likely recovery or exposure and helps shape a realistic plan.

For receiving parties, we prepare bills that are detailed, transparent and aligned to the underlying proceedings, anticipating the likely areas of challenge. For paying parties, we identify issues of principle first, such as proportionality, hourly rates, scope of work or entitlement points, before advancing targeted objections to specific items where justified. Our pleadings are concise and persuasive, supported by the relevant rules and authorities.

Assessment is often driven by negotiation. We provide clear advice on how costs judges tend to approach particular issues, helping clients decide when to press for settlement and when to proceed. Where hearings are required, we take full responsibility for preparing the necessary documents and bundles, ensuring compliance with deadlines and procedural requirements.

Throughout, we keep the focus on achieving a fair and efficient result, minimising satellite dispute and ensuring clients are fully informed at every stage.

Why choose Athene Legal?

Clients instruct us on assessment matters because we combine technical costs expertise with practical, results focused case handling. We understand the pressures of assessment timetables and manage the process efficiently to protect recovery or control exposure.

We provide clear, pragmatic advice on strengths and weaknesses, proportionality risk and the realistic assessment range and decisions are always based on accurate information. Our experience across high value and complex disputes means we can anticipate how arguments are likely to land and present the position accordingly.

Whether acting for receiving or paying parties, we keep disputes focused, negotiate strategically and attend hearings fully prepared. If you need specialist support with detailed or provisional assessment, please contact us using the form on this page.

Bills of Costs

The receiving party is responsible for commencing the detailed assessment of costs process. Commencement requires the receiving party to serve various documents on the paying party as set out in CPR PD 47, paragraph 5.2, including a Notice of Commencement and a Bill of Costs. We prepare Bills of Costs in all types of claims. Our Bills of Costs are detailed and comprehensive documents that justify the costs claimed and maximise recovery.

The detailed assessment of costs must be commenced within three months of the judgment, order or other determination giving rise to the right to a detailed assessment of costs. Failure to commence within this period can result in sanctions being applied.

Points of Dispute

Once the Bill of Costs has been served, the paying party to the detailed assessment of costs proceedings may dispute any item in the Bill of Costs by serving Points of Dispute. The Points of Dispute must be served within 21 days after the service of the Notice of Commencement.

Failure to do so may result in the receiving party obtaining a Default Costs Certificate, which enables the receiving party to recover its costs as claimed.

Points of Reply

Where any party to the detailed assessment of costs proceedings serves points of dispute, the receiving party may serve a reply on the other parties to the detailed assessment of costs proceedings. The receiving party has 21 days to serve Points of Reply. We regularly prepare both points of dispute and reply that are clearly written and set out concisely the nature and grounds of the argument. Utilising our expertise, we ensure that we advance all possible arguments to either dispute or defend the costs claimed.

Negotiations

Throughout the detailed assessment of costs procedure, the parties are likely to put forward offers of settlement and there is likely to be some negotiation between the parties in an effort to reach settlement. We are experienced in negotiating legal costs both on behalf of, and against, leading top 100 UK law firms and major insurers. Our knowledge of technical and evolving areas of costs, together with our tenacious approach, often enables us to reach a swift and successful settlement of costs.

Interim Payments

An interim payment on account of costs should be obtained before the detailed assessment of costs procedure. Ideally, an interim payment should be sought for most cases within the final order reflecting the terms of settlement; however, if it has not been, it is open to the receiving party to seek an interim payment for costs during the detailed assessment of costs procedure.

Hearing

Where points of dispute are served, the receiving party must file a request for a detailed assessment of costs hearing within 3 months of the expiry of the period for commencing detailed assessment of costs proceedings.

​If the Bill of Costs is £75,000 or less, the matter will be listed for a provisional assessment. This involves the Court undertaking the assessment of costs based on the documents served, and the parties are not required to attend a Court hearing in person. If, however, a party wishes to contest the outcome of the assessment, they may subsequently request an oral hearing.

Where the Bill of Costs is greater than £75,000, the matter will be listed for a detailed assessment of costs hearing. The parties are required to attend the hearing to make oral submissions. It is important that a costs lawyer or costs barrister attends the detailed assessment of costs hearing in order to make representations on technical costs issues and to obtain the best outcome.

At Athene Legal, we pride ourselves on obtaining outstanding outcomes for our clients at detailed and provisional assessment hearings. We ensure that our clients are provided with the best advice in relation to the strengths and weaknesses of their position. We will prepare all documents and bundles necessary for the detailed assessment of costs hearing in accordance with the Civil Procedure Rules and Practice Directions. We will also take care of filing and serving such documents and bundles at the necessary times.

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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

When do detailed assessment proceedings start?

Proceedings begin when the receiving party serves a notice of commencement and a bill of costs, together with the supporting documents required by Practice Direction 47.

What is the difference between provisional and detailed assessment?

Provisional assessment is a paper based determination usually used for lower value bills. Detailed assessment involves an oral hearing where parties make submissions and the judge decides the disputed points.

Can the parties still settle after assessment has started?

Yes. Settlement can occur at any stage. The rules encourage negotiation throughout and well pitched offers can avoid the need for a hearing.

What happens if the paying party does not serve Points of Dispute?

If Points of Dispute are not served in time, the receiving party may apply for a default costs certificate, allowing recovery of the costs claimed.

Do you act for both receiving and paying parties?

We regularly represent both sides in detailed and provisional assessments, tailoring strategy to maximise recovery or reduce exposure.

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