These Terms of Business set out the basis on which DMD Costs Ltd provides legal costs services to solicitor firms, professional clients and other instructing parties.
By instructing us, using our secure client portal, sending us files, or asking us to carry out work, you agree to these terms unless we have agreed different terms with you in writing.
1. About DMD Costs
DMD Costs Ltd provides legal costs drafting, negotiation and related costs services.
Our work may include, but is not limited to:
- bills of costs;
- electronic bills;
- Precedent S;
- N260 schedules;
- statements of costs;
- costs schedules;
- Points of Dispute;
- Replies to Points of Dispute;
- costs negotiations;
- costs-only support;
- CPR 46.14 assistance;
- Part 8 costs-only preparation support;
- settlement advice on costs;
- review of offers;
- general legal costs support.
We work mainly with claimant solicitor firms and professional clients.
2. Flexible Instructions
We are flexible in how we work with clients.
There is no requirement to send us every file, enter into a long-term contract, or use us on a fixed monthly basis unless that has been separately agreed. Clients can use DMD Costs whenever they need us. You may instruct us on:
- a single file;
- a small batch of files;
- overflow work;
- urgent costs work;
- regular costs drafting;
- Housing Disrepair files;
- MoD NIHL files;
- NIHL files;
- personal injury files;
- clinical negligence files;
- credit hire files;
- or any other matter we agree to accept.
We aim to provide a practical, responsive and commercial service that fits around the needs of each client firm.
3. Fixed Fees Agreed Before Instructions
Our fee will be fixed and agreed before we begin work on a matter, unless we agree a different pricing arrangement in writing. Before accepting instructions, we will usually agree:
- the type of work required;
- the scope of our work;
- the fixed fee;
- when payment is due;
- any exclusions;
- any urgent turnaround requirements;
- and any additional work that may need to be priced separately.
We do not want clients to face unexpected costs. Our fee is agreed before the file is accepted so both parties know the position from the outset.
4. Payment on Receipt of Your Costs
Unless we agree otherwise in writing, our fee becomes payable when the client receives their costs from the paying party.
This means we will usually wait until your firm receives payment of the recovered costs before requiring payment of our agreed fee. Once costs are received by you, our invoice should be paid promptly.
If you receive costs in stages, by interim payment, by agreement, or as part of a global settlement, our fee will become payable from the sums received unless we agree otherwise in writing.
If a matter is settled globally, compromised, discontinued, transferred, withdrawn, or no longer pursued, we reserve the right to discuss payment of the agreed fee with you depending on the work completed and the circumstances of the matter.
5. Free Trial File
We may offer a free trial file to new client firms.
The free trial is limited to one file per firm.
The free trial is completely free up to settlement of the costs on that file, provided the file falls within the agreed trial scope. The free trial does not apply to issued cases.
For the avoidance of doubt, the free trial will not apply where:
- costs proceedings have already been issued;
- detailed assessment proceedings have already been commenced;
- the matter requires an application or hearing;
- the matter is already listed for assessment;
- urgent issued work is required;
- the matter falls outside the agreed trial scope;
- or we have not agreed in writing that the file is accepted as a free trial file.
Only one free trial file is available per firm, unless we agree otherwise in writing. The free trial has no cash alternative and cannot be transferred to another firm, group company or related business without our agreement.
6. Scope of Work
We will carry out the work agreed with you before instructions are accepted.
Unless expressly agreed, our quoted fee may not include:
- court fees;
- counsel’s fees;
- external advocacy;
- attendance at hearings;
- applications;
- detailed assessment hearing preparation;
- preparing bundles;
- service by post or courier;
- unusually extensive negotiations;
- work required because of incomplete instructions;
- urgent out-of-hours work;
- or work outside the original scope.
If additional work is required, we will let you know and agree any additional fee before carrying out that work wherever possible.
7. Client Responsibilities
To allow us to complete the work properly, clients must provide all relevant documents, information and instructions. This may include:
- the full file of papers;
- retainer and funding documents;
- settlement documents;
- orders;
- Part 36 offers;
- correspondence;
- attendance notes;
- disbursement invoices;
- expert reports;
- medical reports;
- court documents;
- details of fee earners;
- hourly rates;
- VAT status;
- damages settlement details;
- and any other documents relevant to costs recovery.
Clients are responsible for ensuring that documents provided to us are accurate, complete and supplied with appropriate authority. We are entitled to rely on the documents and information provided to us.
If important information is missing, inaccurate or supplied late, this may affect the quality of the work, the turnaround time, the recoverability of costs or the agreed fee.
8. Secure Client Portal
DMD Costs provides a secure client portal for uploading documents and tracking file progress. Clients can upload documents directly into our system without needing to use third-party file transfer apps or external document-sharing platforms.
The portal allows clients to:
- upload documents securely;
- keep files organised;
- monitor progress on each matter;
- see file status updates;
- reduce email attachments;
- avoid unnecessary third-party transfer tools;
- keep costs documents and progress updates in one place.
Clients must keep portal login details secure and must not share access with unauthorised individuals. If you believe your portal access has been compromised, you should notify us immediately. Documents uploaded to the portal should only relate to matters on which we are instructed or considering instructions.
9. Turnaround Times
We aim to complete work as efficiently as possible.
Any turnaround time we provide is an estimate unless we expressly agree a fixed deadline in writing. Turnaround times may be affected by:
- file size;
- urgency;
- missing documents;
- complexity;
- volume of instructions;
- whether the matter is issued;
- whether additional information is required;
- and whether third-party input is needed.
Where a matter is urgent, please tell us before sending the file so we can confirm whether we can assist within the required timeframe.
10. Costs Negotiation
Where we are instructed to negotiate costs, we will act commercially and seek to progress the matter towards settlement. We may provide recommendations on offers, counter-offers, litigation risk, proportionality, assessment risk and commercial settlement.
Final authority to accept or reject an offer remains with the instructing client. We will not accept any offer on your behalf unless we have authority to do so.
11. No Guarantee of Recovery
We will use reasonable skill and care when carrying out work. However, we cannot guarantee:
- that the paying party will pay the bill in full;
- that costs will settle at a particular figure;
- that the court will allow all costs claimed;
- that hourly rates will be recovered in full;
- that disbursements will be recovered in full;
- or that assessment will produce a better result than negotiation.
Costs recovery depends on the facts of the file, the documents available, the conduct of the parties, the applicable rules, proportionality, reasonableness, evidence, judicial discretion and settlement strategy.
12. Instructions from Solicitor Firms
Where we are instructed by a solicitor firm, our client is the solicitor firm unless we agree otherwise in writing. We do not normally act directly for the lay client.
The instructing solicitor firm remains responsible for:
- client care obligations;
- retainer compliance;
- regulatory obligations;
- litigation strategy;
- client instructions;
- authority to settle;
- payment of disbursements;
- court deadlines;
- service requirements;
- and overall conduct of the underlying claim.
13. Confidentiality
We will treat client files and information as confidential.
We will only use confidential information for the purpose of providing our services, managing the matter, complying with legal obligations, maintaining our systems or as otherwise agreed with you. We may disclose information where necessary to:
- courts;
- paying parties;
- opposing representatives;
- counsel;
- external costs professionals;
- IT and portal providers;
- insurers;
- accountants;
- professional advisers;
- or where required by law.
14. Data Protection
We handle personal data in accordance with our Privacy Policy.
Our Privacy Policy explains how we collect, use, store and protect personal data, including data uploaded through our secure client portal. Clients should ensure they have authority to provide personal data and case documents to us.
Our Privacy Policy is available at: /privacy-policy.
15. Intellectual Property
Documents, templates, drafting styles, written content, internal processes, portal systems and know-how created by DMD Costs remain our intellectual property unless agreed otherwise in writing.
Clients may use documents prepared by us for the matter for which they were instructed. Clients must not copy, resell, publish, reproduce or use our templates, systems or drafting materials for unrelated purposes without our written consent.
16. Invoices and Payment
Our invoices should be paid in accordance with the payment terms agreed with you.
Unless otherwise agreed, our fee is payable on receipt of recovered costs by the client. If an invoice is not paid when due, we reserve the right to:
- pause ongoing work;
- decline further instructions;
- remove access to non-essential portal functions;
- charge interest where permitted by law;
- recover reasonable costs of collection;
- and require payment upfront for future work.
Any dispute about an invoice should be raised promptly.
17. VAT
All fees will be stated exclusive or inclusive of VAT as confirmed when the fee is agreed.
Where VAT is applicable, it will be added to our invoice at the prevailing rate.
18. Ending Instructions
Either party may end instructions on a matter by giving notice.
If instructions are ended after work has started, we reserve the right to charge for work completed up to the date instructions are ended, unless the matter was accepted as a free trial file and remains within the agreed free trial scope.
We may decline or stop acting where:
- instructions are unclear;
- documents are incomplete;
- there is a conflict of interest;
- payment terms are not met;
- the matter falls outside our expertise;
- the relationship has broken down;
- there is a regulatory, legal or professional reason;
- or we consider it inappropriate to continue.
19. Limitation of Liability
We will provide our services with reasonable skill and care.
To the extent permitted by law, we will not be liable for:
- losses caused by incomplete or inaccurate information provided to us;
- missed deadlines where we were not instructed in sufficient time;
- decisions made without following our advice;
- loss caused by third-party systems or services outside our control;
- loss of profit, business or opportunity;
- indirect or consequential losses;
- or outcomes dependent on court discretion, paying party conduct or settlement decisions.
Nothing in these terms excludes or limits liability where it would be unlawful to do so.
20. Website Use
The content on our website is provided for general information only.
It is not legal advice and should not be relied upon as a substitute for advice on a specific matter. We aim to keep website content accurate and up to date, but we do not guarantee that all information will always reflect the latest legal developments.
21. Changes to These Terms
We may update these Terms of Business from time to time.
The latest version will be available on our website. Where appropriate, we may notify clients of significant changes. The terms in force at the time of instruction will usually apply to that matter unless we agree otherwise.
22. Governing Law
These Terms of Business are governed by the laws of England and Wales.
Any dispute arising out of or in connection with these terms will be subject to the jurisdiction of the courts of England and Wales.
23. Contact Us
If you have any questions about these Terms of Business, please contact:
DMD Costs Ltd
Email: info@dmdcosts.co.uk