Binding expert determination

Our specialist and experienced costs lawyers and barristers can be appointed by the parties to decide the dispute, or a discrete point of principle (e.g. CFA enforceability, rates or proportionality) privately. Our determination would be binding upon the parties and there would be no right to appeal or refer the matter to the courts. Essentially the parties opt out of a detailed assessment and opt in to an expert determination for the entirely of the costs claimed or on a discrete point of principle.

The main advantage of this procedure is that we typically offer a 14-day turnaround. So once the parties have served points of dispute and replies, we can offer a binding determination within 14 days of receipt of the relevant documents. Our determinations can be conducted on paper or with the benefit of oral submissions.

Our decision is non-public and can be made confidential. However, the amount awarded is enforceable.

This service is appropriate for those who prefer the comforts of a traditional assessment procedure but do not enjoy waiting many months to have the matter assessed.

We can also offer a non-binding determination.

An an example of our fees to undertake a paper-based assessment based on the bill, points of dispute and replies:

Bills up to £75,000              £500 - £1,000 plus VAT

Bills £75,000 to £150,000     £1,000 - £2,000 plus VAT

All fees will be confirmed on receipt of instructions and will be dependent on the amount of costs, the volume of papers and the complexity of the issues. There may be some issues which are not suitable for a paper-based assessment and we may invite oral or further written submissions.