what was the point of dispute
Answers
Answer:
“Points of dispute must be short and to the point. They must follow Precedent G in the Schedule of Costs Precedents annexed to this Practice Direction, so far as practicable. They must:
(a) identify any general points or matters of principle which require decision before the individual items in the bill are addressed; and
(b) identify specific points, stating concisely the nature and grounds of dispute.
Once a point has been made it should not be repeated but the item numbers where the point arises should be inserted in the left hand box as shown in Precedent G.”
Some tips for ensuring your Points of Dispute are compliant include:
Ensure your Points of Dispute are in the correct format. Follow the structure of the Precedent G, to allow space for a dispute and reply, as well as a Cost Officer’s Decision for when it comes to the Court assessing costs.
‘Short and to the point’ means that any submissions you make should state concisely the issue you wish to raise, with evidence in support. Failure to abide by this requirement can result in the Court asking for Points of Dispute to be re-drafted.
Refer to the parties as the paying party (preparing the Points and paying costs) and the receiving party (receiving the Points and costs).
Assess whether the matter will proceed to a provisional assessment hearing (<£75,000) or detailed assessment hearing (>£75,000). Provisional assessments are dealt with on the papers only, and thus you will need to ensure all evidence is included within your submissions, as there will be no opportunity to elaborate at any later date.
Begin your Points with points of principle such as proportionality or hourly rates which effect the whole of the Bill. Then turn to critiquing any specific items in the Bill, creating a new Point for each different item for which a reduction is sought.