Replies to Points of Dispute

CPR Part 47 permits the receiving party to serve a Reply to Points of Dispute. A Reply is not mandatory and silence is not automatically an admission. It is nevertheless an important opportunity where the Point raises a factual assertion, misunderstands the litigation or requires evidence that is not apparent from the face of the Bill.

The document should work with the Points rather than become a second narrative Bill. Numbering and structure should let the reader move between the challenge, response and relevant item. We focus on the issues that may change the assessment or assist settlement.

We review the Point against the Bill, underlying file and applicable rules. Some objections can be answered by identifying an existing entry or assumption. Others require a concise explanation from the conducting solicitor, evidence of an invoice, a chronology or reference to the budget. A preliminary issue affecting many items may justify a fuller response.

We also identify Points that raise a valid concern. A sensible Reply need not defend the indefensible. Recognising a correction or making a targeted concession can improve credibility and allow attention to move to the real value in dispute.

Replies are strongest when grounded in contemporaneous material. File notes, attendance records, correspondence, orders, expert material and fee notes may explain why work was necessary. Confidentiality and privilege must be considered before material is deployed, and only relevant evidence should be used.

For budgeted costs, the response may need to explain the approved phase, what was included and whether a claimed variation has a proper basis. A broad reliance on budget approval is rarely a complete answer. The Reply should engage with the actual challenge under the applicable assessment principles.

The exchange of Points and Replies gives both sides a clearer view of risk. We use that information to advise on offers and settlement, considering the amount in issue, evidence, hearing time, interest and costs of assessment. The goal is not to prolong correspondence but to help the client make an informed choice.

If the matter continues, the Replies become part of the papers considered on provisional assessment or at an oral hearing. Clear cross-references and a consistent position reduce preparation time and allow the advocate to identify the issues that genuinely need a decision.

The rules provide a period for serving Replies after Points of Dispute. The exact date should be checked from service and any agreement or order. Early instruction matters where explanations must be obtained from several fee earners or archived material needs to be located.

A proportionate Reply reflects the value and complexity of the dispute. On a modest Bill, a short answer to a decisive factual point may be enough. On a high-value multi-party assessment, a structured response may be required to preserve the receiving party’s position across linked issues.