Answer
Yes, but only if the unpaid disbursements are described in the
bill as not yet paid. The deficiency can lead to difficulties to
these items if they are challenged on a later assessment. One
solution in such an instance would be to ask the costs judge for an
adjournment, apply to the court for leave to withdraw the entire
bill and redeliver it (but there is a risk that you may be ordered
to pay all the costs thrown away) and deliver a fresh bill,
Solicitors act 1974, s67. It should be noted that in Tearle &
Co v Sherring (29 Oct 1993, unreported, QBD), Wright J held that
where a solicitor has acted in good faith but has inadvertently
omitted to describe the disbursements as unpaid, the court not only
had the power to give him leave to withdraw his bill and deliver
another one, to save costs it could in an appropriate case give
leave to amend his bill by adding the words 'unpaid'. However, you
should err on the side of caution and describe unpaid disbursements
as 'unpaid' in the bill.