Legal Costs

A legal costs barrister for the argument about who pays.

Specialist costs counsel and costs lawyers for detailed assessment, costs budgeting, security for costs and contested costs applications across England and Wales.

Costs are where litigation is won twice or lost twice. A party can succeed on the merits and still give back a substantial part of the victory on assessment, and a well run costs argument can settle a case that the underlying merits could not. Costs is also one of the most technical areas of civil practice, with its own rules under CPR Parts 44 to 47, its own specialist judges in the Senior Courts Costs Office, and a body of case law that runs up to the Court of Appeal and the Supreme Court.

Clerk&Counsel is a clerking agency, not a chambers or a firm of solicitors. We introduce independent barristers who practise in costs and litigation funding, together with costs lawyers on our panel who are authorised to conduct costs litigation and can represent clients in court at assessments and interim hearings. That mix means you are matched to the right professional for the stage of the dispute rather than paying for advocacy you do not yet need.

Instructions come from solicitors who need specialist support on a difficult bill, from businesses on the paying or receiving end of a costs order, and from individuals facing costs disputes after a case has ended. Fees are agreed in writing before any work starts, and in law matters of this kind the cost of the advice is usually a small fraction of the sum at stake in the assessment itself.

Scope

Costs work our panel undertakes.

  • Detailed assessment proceedings in the Senior Courts Costs Office and the county court, including points of dispute, replies and the assessment hearing itself.
  • Costs budgeting, Precedent H and Precedent R, and advocacy at costs and case management conferences where budgets are fixed.
  • Security for costs applications under CPR Part 25, for and against.
  • Interim costs applications, including costs of and occasioned by specific applications, wasted costs orders and non party costs orders against third parties.
  • Party and party costs arguments on indemnity basis versus standard basis, proportionality and conduct.
  • Solicitor and client costs disputes, including assessments under the Solicitors Act 1974 and challenges to a former solicitor's bill.
  • Costs and litigation funding advice, including conditional fee agreements, damages based agreements, after the event insurance and third party funding.
  • Appeals on costs questions in the High Court, the Court of Appeal and, on points of general importance, the Supreme Court.
Assessment

Detailed assessment, done properly.

The detailed assessment process looks mechanical and is anything but. The bill has to be drawn correctly, points of dispute have to identify the strongest lines of attack rather than scatter objections, and the replies have to defend the bill on principle rather than item by item attrition. The hearing itself rewards advocates who know the costs judges, the practice directions and the current authorities on proportionality and hourly rates.

On the receiving side the objective is to protect recovery, which starts long before the hearing with a well kept file and a budget that was properly managed at the costs and case management conferences. On the paying side the objective is to reduce the bill by attacking the retainer, the hourly rates, the delegation of work and the proportionality of the overall figure against the sums in issue.

Our panel includes practitioners whose costs work is recognised in the directories, including Legal 500 2025 and Chambers UK ranked counsel, alongside experienced costs lawyers who handle the preparation and representation at assessment hearings day in and day out. The costs team we assemble for your matter is built around the value and complexity of the bill.

During the case

Budgeting, security and interim costs.

Most costs money is won or lost while the substantive case is still running. A budget fixed too low at a costs and case management conference will cap recovery years later. An application for security for costs made promptly can change the settlement dynamic entirely. A wasted costs application, or the threat of one, concentrates minds on the other side.

Costs counsel advises on these decisions as they arise. That includes drafting the budget with a view to the eventual assessment, advising on offers under Part 36 and their costs consequences, and arguing the interim applications where court costs are allocated as the case progresses. A Part 36 offer pitched correctly can shift the entire costs risk onto your opponent from the date it expires.

Funding arrangements also need review. The enforceability of a conditional fee agreement, the recoverability of an after the event premium, and the terms of third party funding all affect what a win is actually worth. Specialist advice on costs and litigation funding at the outset avoids unwelcome surprises at the end.

Every forum

Costs advocacy in every court and tribunal.

Costs disputes arise in every court and tribunal in England and Wales, from a county court assessment of a modest fast track bill to a multi million pound assessment in the Senior Courts Costs Office following a High Court trial. Tribunal costs are rarer but increasingly significant, particularly in the employment and tax jurisdictions.

Appeals on costs points go to the High Court and the Court of Appeal, and the Supreme Court has reshaped the law on costs several times in recent years, particularly on proportionality and the effect of Part 36 offers. Panel counsel appear at every level and advise realistically on whether a costs appeal has prospects before money is spent on permission.

Where a barrister is instructed for the appeal or the difficult point of principle, a costs lawyer from the panel can continue to handle the assessment preparation, which keeps the overall spend proportionate.

Fees

Clear fees on both sides of the argument.

A written advice on a costs dispute, a review of a bill, a set of points of dispute or replies, and attendance at a hearing are each quoted as a fixed fee once we have seen the papers. Detailed assessment hearings are quoted by the day with refreshers for longer hearings.

For solicitors, instructing a specialist costs barrister or costs lawyer on a single matter is often more economical than maintaining an in house costs team, and the fee for the advocacy is usually itself recoverable in part on assessment. For paying parties, the saving made by an effective challenge to a bill routinely exceeds the cost of making it.

Tell us which side of the costs dispute you are on, the stage the matter has reached and the size of the bill or budget, and we will come back with options and a fee basis the same working day wherever possible.

Brief us

Send us the bill or the budget.

Tell us which side of the costs argument you are on and what stage the matter has reached. We will come back with costs counsel or costs lawyer options, a fee basis and timescales.

FAQ

Common questions.

What does a legal costs barrister do?

A legal costs barrister advises on and argues disputes about who pays the costs of litigation and how much. That includes costs budgeting, interim costs applications, security for costs, and advocacy at detailed assessment hearings where the paying party challenges a bill. Costs is a technical specialism of its own, with its own rules, case law and hearing practice.

What is the difference between a costs barrister and a costs lawyer?

A costs lawyer is a qualified specialist authorised to conduct costs litigation, while a barrister is instructed for advice and advocacy, particularly on contested points of principle. Our panel includes both. We also have costs lawyers on the panel who can represent clients in court, so we can match the right professional to the stage and value of your costs dispute.

What is a detailed assessment hearing?

A detailed assessment is the court process by which the amount of costs payable under a court order is decided, usually in the Senior Courts Costs Office or a county court hearing centre. The receiving party files a bill of costs, the paying party serves points of dispute, and a costs judge or officer decides each disputed item at a hearing where specialist advocacy makes a measurable difference to the outcome.

Can I apply for security for costs against the other side?

Yes, where the grounds under CPR Part 25 are met, for example where the claimant is a company that may be unable to pay your costs if it loses. An application for security for costs must be made promptly and supported by evidence of the claimant's financial position. Counsel can advise on the strength of the application and argue it at the hearing.

What is costs budgeting?

Costs budgeting requires parties in most multi track cases to file and exchange a costs budget in Precedent H, which the court then manages at costs and case management conferences. A budget set too low can cap what you recover at the end of the case, so specialist input at the budgeting stage protects the eventual costs recovery.

How much does a legal costs barrister cost?

A written advice on a costs issue typically starts from around six hundred pounds plus VAT. Attendance at a costs and case management conference or a short costs application usually starts from around nine hundred pounds plus VAT. Detailed assessment hearings are quoted by the day. Fixed fees are agreed in writing before work begins.

Can I instruct a legal costs barrister directly?

Yes. Solicitors, businesses and individuals can instruct a costs barrister or costs lawyer through us. Many instructions come from firms without an in house costs team who want a specialist for a detailed assessment or a difficult costs argument without adding permanent staff.