How Judicial Commentary Is Reshaping Cost Expectations in 2025
In 2025, legal costs remain one of the most closely scrutinised areas of litigation and the courts are making that crystal clear. With a wave of recent judicial commentary and decisions surrounding costs assessments, budgets and bill drafting, the expectations placed on law firms and cost professionals have never been higher.
What we are seeing is not a subtle shift but a firm reinforcement from the judiciary; clarity, compliance and professionalism in cost matters are essential. The days of loosely drafted bills or missed deadlines resulting in mere administrative inconvenience are firmly behind us. The consequences are now material and the risks are real.
At County Cost Consultants, this is a trend we’ve anticipated. For years, we’ve worked to position our clients ahead of these developments, ensuring that every cost document produced under our name is strategically drafted, procedurally sound and prepared to stand up to judicial scrutiny.
A Tighter Lens on Costs: What the Courts Are Saying
Over the past twelve months, several high profile rulings have underlined the judiciary’s growing intolerance for cost mismanagement. Judges have been vocal in their criticism of excessive, poorly explained fees, unexplained time entries and budgets that lack the detail required to make informed decisions.
Recent commentary in cases like Kapoor v Johal [2024] offered a sobering example. In that matter, the court disallowed the entire claimed amount of £260,000, due to misconduct in the preparation of the bill. Not only was the bill deemed inaccurate and misleading, but the court also issued warnings about the increasing frequency of such errors and the impact they have on the justice system.
While Kapoor v Johal may be an extreme example, it reflects a growing trend. Courts are examining bills meticulously, asking whether each item claimed is genuinely proportionate and reasonable. Where once minor drafting errors might have been overlooked or corrected through negotiation, judges are now far more willing to reduce recoverable costs or refuse assessments outright.
The New Cost Culture
Timeliness, too, is under scrutiny. Delays in applying for detailed assessment, even when technically within the permissible timeframe, are being met with judicial frustration. This reinforces the importance of strategic cost planning from the outset of litigation, not solely waiting for the conclusion of proceedings.
Similarly, vague or generic narratives in time entries and statements of costs are no longer acceptable. Judges expect clear articulation of what work was done, by whom and why it was necessary. Budgets must be specific, evidence led and aligned with the conduct of the case.
How County Cost Is Helping Clients Respond
For firms across the UK, these developments may feel like added pressure but with the right support, they are also an opportunity to streamline internal practices, reinforce standards and ensure that your cost recovery processes are beyond reproach.
This is where County Cost Consultants has built its reputation.
Our team of experienced, qualified costs lawyers works in close partnership with legal teams to draft and refine cost documents that both meet procedural requirements and exceed them. We prepare bills and we pre-empt challenges. We don’t merely submit budgets, we construct them strategically. When required, we represent our clients in detailed assessment hearings with the authority and confidence that comes from knowing every figure is justified.
At a time when judicial commentary is shifting the ground beneath firms’ feet, County Cost provides a firm foundation.
Real World Solutions to Real World Issues
We regularly advise firms who have previously faced reductions or delays in recovering costs due to avoidable errors in bill preparation. Through our training and direct support, we help legal teams avoid common pitfalls such as:
Inflated or unexplained time entries
Misallocation of work between fee earners
Budgets disconnected from the actual conduct of litigation
Failure to account for proportionality thresholds
Missing or late applications for assessment
By addressing these issues early, we allow solicitors and their clients to focus on the bigger picture which is resolution of the underlying dispute, without being derailed at the cost recovery stage.
Preparing for the Future
It’s clear that the court’s direction of travel in 2025 is toward greater discipline, transparency and accountability in legal costs, and this trend is likely to continue. Fixed recoverable costs continue to expand in scope. Assessments are becoming more formalised. Budgets aren’t solely procedural documents, but enforceable frameworks.
That’s why now is the time for firms to review their current approach to costs management. Are your bills robust enough to pass judicial scrutiny? Is your budgeting aligned with actual case conduct? Do you have systems in place to avoid missed deadlines or excessive entries?
If the answer to any of these is unclear, County Cost Consultants can help.
To discuss how we can support your team or to review your current approach to costs preparation, get in touch with County Cost Consultants today.
