Expert Clinical Negligence Costs Lawyers

Why Harman GJK?

Harman GJK has been advising on legal costs since 1994. We are recognised by both Chambers and Partners and the Legal 500 as a leading costs firm, and our team includes some of the most experienced clinical negligence costs lawyers in the country.

We work as a genuine extension of your team: responsive, commercially aware and focused on outcomes in the context of costs for clinical negligence claims. We understand that in clinical negligence cases, costs are not an afterthought. They are a core part of the case strategy, and they deserve the same level of expertise and attention as the underlying litigation.

Our Clinical Negligence Costs Services

Costs Budgeting

In multi-track clinical negligence claims, costs budgeting is often one of the most consequential steps in the litigation. A well-prepared and well-presented costs budget can determine the ceiling for recoverable costs for clinical negligence throughout the case. A poorly drafted one can lock you into figures that do not reflect the true cost of running a complex claim.

Our costs lawyers have extensive experience preparing, reviewing and arguing costs budgets in clinical negligence matters of all sizes. We work closely with your fee earners to understand the demands of the case, ensure the budget is properly supported by the litigation, and represent your interests robustly at costs case management conferences (CCMCs).

We also advise on revisions to approved budgets where the litigation has moved in ways that were not anticipated, helping to protect recoverable costs for clinical negligence throughout the life of the claim.

Recovery of Costs

Once a clinical negligence claim concludes, recovering the costs owed to your client is where the real work often begins. Defendants and their insurers scrutinise clinical negligence bills of costs closely, and the sums involved mean that every line item is potentially contested.

Our team prepares detailed, well-structured bills of costs that accurately reflect the work done and stand up to scrutiny at negotiation and, if necessary, assessment. We approach recovery strategically, with a clear view of what can be justified and where the most value can be protected.

We handle the full recovery process: bill drafting, serving the bill, responding to points of dispute, conducting without prejudice negotiations, and, where agreement cannot be reached, proceeding to detailed assessment.

Costs Disputes

Points of dispute in clinical negligence cases are rarely straightforward. Defendants routinely challenge hourly rates, counsel’s fees, disbursements and the scope of work undertaken. In budgeted cases, disputes often centre on whether work was within the approved budget, whether incurred costs were reasonably incurred, and whether estimated phases were properly managed.

Harman GJK has significant experience in drafting and responding to points of dispute across all types of clinical negligence costs disputes. We take a tactical approach: identifying the strongest arguments, understanding where the real exposure lies, and negotiating from a position of knowledge.

Where disputes cannot be resolved, we represent claimants at detailed assessment hearings and have a strong track record of achieving favourable outcomes.

Detailed Assessment

Detailed assessment in clinical negligence cases requires precision, preparation and the ability to advocate for your position under scrutiny. Our costs lawyers regularly appear at detailed assessment hearings, both in the Senior Courts Costs Office and in district registries.

We prepare thoroughly, ensuring that the bill of costs is properly supported, that Precedent H and the approved budget are properly managed, and that all necessary documentation is in order. We also advise on the tactical considerations around Calderbank offers and Part 36 offers in costs proceedings, which can have a significant impact on the costs of the assessment itself, particularly for protected parties.

Work With Our Clinical Negligence Costs Team

If you are looking for specialist support on clinical negligence costs we would welcome the opportunity to speak with you.

Our team handles matters of all sizes, from straightforward bill preparation through to contested detailed assessment in multi-million pound cases. We offer clear, strategic advice and work closely with clinical negligence solicitors to ensure costs are managed effectively from the outset.

Call us on 01992 917900 or contact us here to discuss your case.

Frequently Asked Questions

What do costs lawyers do?

Costs lawyers specialise in all aspects of the costs that arise from legal claims. This includes:

• assisting in the preparation of costs budgets and advising on costs budgets presented by an opposing party;
• preparing bills and schedules of costs;
• drafting Points of Dispute and Replies to claims for costs;
• conducting negotiations with the paying party, and representing clients at detailed assessment hearings;
• advising on retainers and fee arrangements between clients and their legal advisors;
• advising on and preparing claims for costs from public funds (Legal Aid);
• advising on disputes between solicitors and their clients;
• acting as costs mediators or arbitrators in costs disputes.

What is a costs budget and why does it matter?

A costs budget (filed on Precedent H) sets out the estimated future costs of the litigation, broken down by phase. In cases on the multi-track, the court approves a costs budget at a case management conference. The approved budget effectively sets the limit on the recoverable costs for each phase of the litigation, unless the court grants a revision. A well-prepared budget that reflects the genuine demands of a complex case is essential to protecting your client’s recoverable costs.

What happens if the paying party disputes our bill of costs?

The paying party serves points of dispute, which challenge specific items or categories of costs in the bill. The receiving party can respond with replies. Negotiations then take place, either through without prejudice discussions or via a costs negotiator. If the dispute cannot be resolved, either party can request a detailed assessment hearing, at which a costs judge will determine the recoverable costs. Harman GJK handles the full disputes and assessment process on behalf of our clients.

How does costs budgeting interact with detailed assessment?

Where a costs budget has been approved, the budgeted figures act as a starting point at detailed assessment. The court will not normally allow recovery of costs exceeding the approved budget for a given phase, unless there is good reason to depart from it. Incurred costs (those incurred before the budget was filed) are assessed in the usual way. Managing the relationship between the approved budget and the bill of costs is one of the more technical aspects of costs work, and one where specialist advice makes a material difference.

How are costs lawyers instructed?

We are typically instructed by the solicitor handling the underlying claim, rather than directly by the client. We can be brought in at any stage: at the costs budgeting stage, once a case has concluded and recovery is underway, or when a dispute has arisen and detailed assessment is in prospect. Early instruction, particularly in complex or high-value cases, generally produces better outcomes.