Can we charge clients for the cost of preparing a bill?

“A costs draftsman has joined our firm, which specialises in civil litigation. We charged for the preparation of bills for detailed assessments when this work was outsourced. Can we continue to charge now the work is done in-house?”

Generally, solicitors cannot charge for the cost of preparing a bill to their own client.

However, in civil litigation, before a successful party can recover costs from a paying party, the rules require the successful party to prepare a detailed statement or bill of costs.

Paragraph 5.19 of Costs Practice Direction 47 recognises that the preparation and checking of a statement or bill of costs is as much a part of the costs of conducting litigation as any other work done in the course of proceedings.

The Court of Appeal in Crane v Canons Leisure Centre [2007] EWCA Civ 1352 decided the costs draftsman's fee was chargeable regardless of whether the work was done by the firm, delegated to another firm of solicitors or done by costs draftsmen who were not solicitors.

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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