The paying party then has to serve a schedule of points of those items in the bill he wishes to dispute before the bill is lodged at court and a detailed assessment hearing takes place at which the points are argued and a decision made by the court.
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 law costs draftsman will be instructed to prepare the written submissions.
In addition under the Civil Procedure Rules 1999, a Fellow of the Association may be instructed as an expert by a litigant in person to advise on aspects of costs law and the litigant may recover any reasonable fees thereby incurred if he is awarded costs in his favour.
Since 1 January 2007, by virtue of the Association of Law Costs Draftsmen Order 2006, the ALCD has been capable of granting rights of audience to its members.
[1] In 2007, in light of the procurement of rights of audience, the ALCD has bestowed the title of "costs lawyer" upon all Fellows of the Association who have successfully completed a designated advocacy course.