Points of Dispute

[Derek Grim]

Under Civil Procedure Rule (CPR) 47PD 8.1, a paying party must send Points of Dispute to a Bill of Costs issued by a receiving party. The CPR rule makes clear that the Points of Dispute must take the form of:

1. General points and matters of principle...
AND
2. Specific points (i.e. specific objections to particular items listed in the bill).

My question is - what if a paying party has no particular objection to the specific items listed in the bill, but nonetheless wishes to challenge liability as a "matter of principle" (e.g. on the grounds that the claim had been allocated to the Small Claims Track at the County Court, which is "costs free" - that might not be the best example, but you take my point)? Is the individual *compelled* to include specific points or dispute as well? Even if he can't locate any? Or can he rely on a simple "matter of principle" for his Points of Dispute? I ask because the CPR rule states the word "and" between (1) and (2), so it gives the impression that both must be included. Does anyone have experience of this?

[atticus]

Has an order for costs been made? In what circumstances have you been sent a bill for assessment?

[Derek Grim]

Has an order for costs been made? In what circumstances have you been sent a bill for assessment?

Scenario as above. (Sorry, was trying to think of better example to illustrate point!) Discontinued prior to allocation at County Court. Would almost certainly have been small claims track if not discontinued. Received Bill of Costs. No particular quibble over individual items, so can’t record “specific points” on the Points of Dispute, but obviously challenging liability on grounds that small claims track is costs-free and Bill of Costs should never have been sent. Can I just record a single “Matter of Principle” denying liability and the reason why on the Points of Dispute. Or do I need to invent “specific points” even though I have none!

[atticus]

If you have discontinued and are liable to pay costs then youare surely too late to argue about your liability, but you can of course try. What you should have done was negotiate a "drop hands" settlement before discontinuing your claim.

[Derek Grim]

If you have discontinued and are liable to pay costs then youare surely too late to argue about your liability, but you can of course try. What you should have done was negotiate a "drop hands" settlement before discontinuing your claim.

But surely I could still deny liability under CPR 46.13(3)?

"Where the court is assessing costs on the standard basis of a claim which concluded without being allocated to a track, it may restrict those costs to costs that would have been allowed on the track to which the claim would have been allocated if allocation had taken place."

Claim would have been destined for the costs-free Small Claims track.

[atticus]

Do it then.