Recovering £220,000 in a complex clinical negligence costs claim

Costs Lawyer by ARC Costs was instructed to prepare and pursue the legal costs arising from a complex clinical negligence claim involving allegations of negligent care during childbirth. The underlying dispute had been contested over several years before settlement, requiring extensive investigation and evidence gathering.

The evidence covered several expert disciplines, including obstetrics, midwifery, neonatology, paediatric care and quantum. The legal team also undertook substantial work reviewing medical records, preparing witness evidence and examining liability and causation. Our task was to present the resulting costs clearly and support recovery of the work properly undertaken.

After a detailed review of the file, Costs Lawyer by ARC Costs prepared a Bill of Costs totalling approximately £233,000. It brought together solicitor time, counsel’s fees and expert disbursements incurred during the litigation.

We reviewed the chronology to explain how the work developed over the life of the claim. A clear account of the proceedings was particularly important where investigation had lasted several years and several medical specialists had contributed evidence. We also anticipated the areas likely to attract objections, so the presentation of the bill reflected the demands of the case rather than simply listing charges.

The defendant’s Points of Dispute challenged a number of aspects of the bill. Hourly rates were disputed, with the paying party arguing that lower rates should apply to the claimant’s solicitors. Expert disbursements were also questioned, including the fees for specialist obstetric and neonatal reports, on the basis that some evidence was said to be duplicative or disproportionate.

Other objections concerned the length of attendances and conferences and whether they exceeded what was reasonably needed at the relevant stage. The defendant also queried the extent of the medical record analysis and document review undertaken during the investigation.

These were objections to the costs claimed, not findings by the court. They required a response grounded in the actual work, the evidence needed and the complexity of the underlying litigation.

Working closely with the client, Costs Lawyer by ARC Costs prepared comprehensive Replies to Points of Dispute. The responses addressed the challenges and explained why the costs claimed were reasonable, proportionate and properly incurred.

In particular, we explained the need for input from several expert disciplines in a medically complex childbirth claim. We also demonstrated how the solicitor time reflected the investigation and conduct of the proceedings. The complexity, duration and significance of the case supported our position on hourly rates, the majority of which we successfully defended during negotiations.

Detailed responses and targeted negotiation helped the parties narrow their differences. Rather than treating a contested hearing as inevitable, we used the assessment process to develop the receiving party’s position and explore a commercially worthwhile resolution.

The parties agreed a settlement of £220,000. Against the approximately £233,000 Bill of Costs, that represented recovery of more than 94% of the amount claimed. The dispute concluded without a contested detailed assessment hearing.

The outcome delivered a strong level of recovery while avoiding the additional time, cost and uncertainty associated with a full assessment. It was a negotiated settlement: the court did not determine the individual objections or make findings on every item in the bill.

Clinical negligence litigation can involve lengthy investigations, extensive medical records and significant expert fees. A successful costs claim needs to explain why that work was required. The importance of the underlying claim alone does not answer every challenge to rates, time or disbursements.

This case illustrates how careful drafting and evidence-led Replies can work together. A clear Bill of Costs sets out the claim; focused responses then address the paying party’s actual objections. Negotiation can build on that preparation without requiring the parties to take every disagreement to a hearing.

Costs Lawyer by ARC Costs assists solicitors and law firms with Bills of Costs, Replies to Points of Dispute, costs negotiations and detailed assessment proceedings in complex clinical negligence matters. We aim to anticipate the likely challenges and present the costs in a way that supports a practical, well-informed approach to recovery.