Sector · Professional negligence
Costs expertise for professional negligence claims against solicitors and other professionals, including costs as damages, lost litigation and disputes over a solicitor’s own bill.
Qualified Costs Lawyers, regulated by the Costs Lawyers Standards Board (CLSB), supported by experienced Costs Draftsmen.
Legal costs frequently sit at the centre of professional negligence claims. A client may allege that a solicitor’s error caused them to pay costs, lose costs protection or lose a claim that would have produced a costs recovery. Others dispute the solicitor’s own bill. We help claimant and defendant teams quantify and analyse those costs with care.
Complex matters
Loss-of-chance claims often require a view on what the costs of the original litigation would have been, what would have been recovered and what costs exposure the client would have faced. That analysis draws on budgets, Bills, assessment practice and funding. We provide structured, reasoned analysis that legal teams can rely on when valuing a claim or preparing for trial.
Costs issues arise in claims about missed deadlines, budgets not filed on time, failure to protect against adverse costs, poor advice on funding and lost opportunities to recover costs from an opponent.
Each type of claim requires a different analysis. Identifying the right counterfactual, what would have happened without the alleged breach, is the first step to valuing the costs element of the loss.
We review the underlying file, the procedural history and any budgets or Bills to form a reasoned view of the likely costs position in the original claim, including what may have been recoverable and the realistic costs exposure.
That work is presented clearly so that it can inform settlement discussions, pleadings or expert evidence, with assumptions stated openly and supported by reference to the documents.
Clients can apply for assessment of a solicitor’s bill under the Solicitors Act 1974, subject to time limits and conditions. Those disputes often turn on the retainer, the information given about costs and whether the charges were reasonable.
We act for solicitors and clients, reviewing retainers, preparing Points of Dispute and Replies, and attending assessment hearings when the dispute cannot be resolved.
For professionals and their insurers, an early, independent view of the costs element can show whether a claimed loss is realistic. Costs assumptions in a letter of claim are sometimes optimistic or overlook recoverability rules.
We provide analysis that helps defendants test those assumptions and engage constructively, including on the costs of the negligence claim itself.
Some negligence claims arise directly from costs procedure, such as a costs budget filed late, a missed deadline for Points of Dispute or a failure to seek relief from sanctions. The resulting loss may be the costs that could no longer be recovered or the extra costs incurred.
We analyse what would have happened if the step had been taken correctly, using realistic assumptions about budget approval, assessment and settlement, so the loss is neither overstated nor understated.
Frequently asked questions
Yes. We can analyse the costs element of the claim, including what costs would have been recovered or incurred in the original litigation.
You may be able to apply for assessment under the Solicitors Act 1974. Time limits apply, so advice should be taken promptly.
Yes. We act for claimants, solicitors and professional indemnity insurers on costs issues within negligence claims.
We can provide structured analysis on costs issues. Whether formal expert evidence is appropriate depends on the case and the court’s directions.
This page provides general information, not advice on a specific case. Rules and figures change, so check the current position for your matter. Contact our team to discuss it.
Rules and further reading
Other sectors: Personal injury, Clinical negligence, Housing disrepair, Commercial litigation, Industrial disease, Court of Protection, Employment tribunal.
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