Resolution Costs
Expert Dispute Resolution Costs Specialists
Our dedicated nationwide team of legal costs experts delivers trusted support for clients navigating complex and high-value dispute resolution matters. With decades of combined experience, we assist solicitors and legal professionals across all court levels, from County and High Court through to the Court of Appeal, Supreme Court and specialist tribunals.
We understand the real-world financial impact that dispute resolution can have, and our service is designed to ensure cost recovery is maximised (or minimised, as the case may be) throughout litigation.
Examples of the areas of law that we assist with are:
We provide expert legal costs support across a wide range of contentious matters, including:
Shareholder Disputes
Shareholder disputes often involve highly contentious issues such as breach of fiduciary duty, unfair prejudice or the mismanagement of company assets. These cases frequently require the valuation of shares, detailed financial disclosure and expert testimony, all of which can drive up legal costs. We support legal teams by ensuring accurate budgeting, costs tracking and maximised recovery in what are often high-stakes commercial conflicts.
Construction Disputes
Construction litigation typically involves complex contractual frameworks, multiple stakeholders, and extensive expert evidence. Disputes may arise from delays, defects, professional negligence or unpaid fees. Whether the matter proceeds through adjudication, arbitration, or litigation, our team is experienced in managing and claiming or challenging costs for both employers and contractors in these high-value cases.
Breach of Contract
Breach of contract claims can arise from a range of business relationships, from supply chain breakdowns to failed service delivery. These disputes vary widely in complexity and value, and may involve multiple parties or cross-border issues. We provide structured cost support that reflects the scope of the claim, the evidential demands and the likely cost outcome, ensuring effective recovery and minimising unnecessary exposure.
Intellectual Property Disputes
IP litigation is often resource-intensive, requiring expert evidence, extensive documentation and specialist counsel. Whether involving copyright, trademarks, patents or design rights, these cases tend to escalate quickly and carry reputational risk. We work closely with solicitors to ensure that all legal costs are accurately recorded, where possible, recoverable, and presented effectively, supporting your strategy throughout court proceedings or settlement discussions.
Judicial Review
Judicial review proceedings require a precise understanding of both public law and the procedural rules governing costs. Whether brought against local authorities, regulators or central government, these cases carry the risk of costs being capped or unrecoverable. We provide cost strategy and budgetary support from the outset to help ensure transparency, proportionality and compliance with court requirements in this specialist field.
Land & Boundary Disputes
Boundary and land ownership disputes are often long-running and highly emotive, particularly where residential property or rights of access are concerned. They can require expert surveys, site visits and legal interpretation of historic deeds or plans. Costs very often significantly outweigh the value of the land in dispute. We support clients by managing legal costs from pre-action correspondence through to trial, ensuring billing reflects the intricacies of these often personal disputes.
Contentious Probate
Challenges to wills or estate distributions can involve allegations of undue influence, lack of capacity, or misadministration. These cases are often sensitive, involving family dynamics and complex evidence, with legal costs not infrequently ending up being paid out of the Estate to one extent or another. We assist solicitors with careful cost tracking and recovery, enabling firms to progress claims efficiently while respecting the emotional and legal nuances of probate litigation.
Marine Disputes
Marine claims may involve vessel damage, charter party disagreements, cargo issues, or insurance disputes and often require international coordination. These cases can be subject to specialist arbitration and involve highly technical evidence. Our team manages the associated legal costs with precision, ensuring they remain proportionate and recoverable in both domestic and cross-border jurisdictions.
Injunctions & Urgent Applications
Applications for injunctions such as freezing orders, search orders, or orders preventing unlawful activity require a rapid legal response and careful cost documentation. These matters often proceed at speed and under pressure. We help legal teams capture costs accurately almost in real time and ensure they’re positioned for appropriate recovery in subsequent proceedings.
Banking & Finance Disputes
Claims involving financial institutions frequently span mis-selling, fraud, negligence or breach of regulatory duty. These cases are often document-heavy and technically complex, with substantial sums at stake. Our team provides robust cost management and strategy advice to support legal teams handling the costs elements of these disputes in a commercial and outcome-driven way.
General Commercial Disputes
We support legal professionals across the full spectrum of commercial litigation, from partnership breakdowns to contractual disagreements. Our role is to help firms manage their legal costs transparently, ensure compliance with cost budgeting requirements and maximise recoverability throughout the lifecycle of the claim or, alternatively, to seek to minimise the other side’s costs recovery in less successful cases.
Understanding Resolution Costs
Legal costs in dispute resolution vary significantly depending on method, complexity, and representation.
We help legal teams understand, track, and present these costs in a way that increases the likelihood of recovery and minimises client exposure.
Cost Management & Recovery
- Costs Budgeting: We prepare and update Precedent H budgets that withstand scrutiny.
- Costs Management Orders (CMOs): We help secure CMOs and track compliance throughout proceedings.
- Detailed Assessment: Our team expertly prepares Bills of Costs and represents clients in detailed assessment hearings, conducting virtually all our advocacy “in house”.
- Payments on Account: Where appropriate, we facilitate interim payments to support ongoing cash flow.
- Fixed Costs Regimes: We guide solicitors through fixed or capped cost rules where they apply.
Why Choose PIC for Dispute Resolution Costs?
- Nationwide reach with in-court attendance available anywhere in England and Wales.
- Experienced team across all commercial litigation types
- Transparent commercial terms to support your planning
- Technical accuracy backed by advocacy expertise
- Trusted by firms nationwide for complex dispute resolution cost support
Get in Touch
We understand the importance of maximising the amount of legal costs recovery for our clients, as well as reducing their exposure to costs. We also appreciate the significance and impact that turnaround time has on realising cash flow. It is this understanding, combined with our technical expertise and experience, that makes this possible.
Please contact us with any enquiries.
FAQs
Are damages-based agreements that provide for payment on a full hourly rate basis in the event of termination of the retainer by the client lawful?
If drafted correctly, yes, see Zuberi -v- Lexlaw Ltd [2021] EWCA Civ 16 for an example of how this might work.
We have litigation funding, and the funder says that their exposure to adverse costs is effectively capped to a sum equal to the amount of funding that they have provided. Is this right?
Not necessarily. The so-called “Arkin cap” does not always apply, and it would be unwise to rely on it in all circumstances. Case-specific advice should be obtained, especially in relation to things like the level of ATE insurance required.
Does the successful party in a claim always recover their costs of any mediation that may have taken place?
Not always. The terms of the mediation agreement should be carefully considered prior to signing as they sometimes expressly provide that the parties are to bear their own costs of the mediation in any event.
Do damages-based agreements (DBAs) permit solicitors to charge normal hourly fees if I end the agreement early?
Sometimes. If the contract is drafted correctly, a DBA can outline what happens upon termination, including payment for work already completed at standard rates. Whether that’s enforceable depends on the exact wording and circumstances.
If my case is funded, are my funder’s adverse costs automatically capped at what they’ve put in?
Not automatically. People often refer to an “Arkin cap,” but courts are not required to apply it. Depending on case facts, a funder could face a higher contribution to adverse costs. You should get advice on ATE insurance levels and overall risk, not assume there’s a cap.
Will the winning party always recover their mediation costs?
No. Many mediation agreements stipulate that each side pays its own mediation costs, regardless of the outcome. Review the mediation terms carefully before signing; we can assist you in negotiating wording that protects your position.
What is a Budget Discussion Report (Precedent R)?
It’s the document that both sides exchange before the case management conference to compare and negotiate each phase of their cost budgets. Done well, it can meaningfully reduce disputes later and protect recovery.
What’s a Payment on Account of costs?
It’s an interim payment that the court can order the losing party to pay before the detailed assessment process has even started. It improves cash flow and reduces the time you’re out of pocket.
How are costs assessed: summary vs detailed?
For shorter hearings, judges often do a quick “summary” assessment on the day, using a statement of costs. Bigger cases usually go to “detailed” assessment later, where a costs judge reviews bills line by line.
How much of my legal costs will I recover if I win?
Recovery varies. Even successful parties often recover less than 100% once proportionality and reasonableness are applied. Effective budgeting, evidence-based decision-making, and negotiation enhance outcomes.