They hold rights of audience in all proceedings at first instance relating to costs before the Supreme Court of the United Kingdom (and previously the House of Lords) and the Judicial Committee of the Privy Council.
A costs lawyer has the right to litigate under sections 64(3) and (4), 68, 69, 70, 71 and 74 of the Solicitors Act 1974 and any subsequent enactment of provisions thereof.
A costs lawyer has the right to administer oaths and take affidavits under section 113 of the Courts and Legal Services Act 1990.
Different rules apply to the costs where court proceedings have been commenced, known as contentious business, to those applicable to non-contentious matters such as conveyancing, probate and general advice.
In criminal cases, the objections to an amount disallowed are usually made in writing and, often, a costs lawyer will be instructed to prepare the written submissions.
New members are required to certify that they have read all bylaws, a code of conduct, regulations and rules and agree to be bound by these.
With the exception of those costs lawyers who work exclusively in a solicitor's office on a PAYE basis (i.e. in-house), all members of the association are required to produce proof by declaration from an insurer or broker that either as an individual or as a partner, director or employee of a firm of law costs draftsmen (i.e. freelance) work undertaken is protected by professional indemnity insurance cover to the value of at least £100,000 plus loss of documents cover.