Costs & Litigation Funding
Specialist Counsel in Costs Litigation and Funding Disputes
At 8PP we are regularly instructed by solicitors across England and Wales in disputes relating to legal costs and litigation funding. We provide strategic advice, drafting and advocacy in complex costs litigation, detailed assessment proceedings, and disputes arising from funding arrangements.
Costs issues can have a significant impact on the overall value and viability of litigation. We work closely with instructing solicitors to develop clear procedural strategies, protect recoverability, and navigate the often technical framework governing costs and funding disputes.
Costs and litigation funding issues frequently arise within the wider litigation matters handled by 8PP, including housing disrepair claims, consumer and financial mis-selling disputes, and other complex civil litigation. We approach costs disputes with a clear understanding of the underlying litigation strategy and the commercial realities facing instructing solicitors and their clients.
What are costs and litigation funding disputes?
Disputes relating to legal costs arise at many stages of civil litigation. They may involve challenges to the recoverability of costs, disputes concerning the proportionality or reasonableness of legal fees, or issues arising during detailed assessment proceedings.
Litigation funding arrangements can introduce additional complexity. Conditional fee agreements, damages-based agreements and third-party funding arrangements may give rise to disputes regarding enforceability, compliance with regulatory requirements, or the recoverability of costs.
As courts continue to scrutinise funding structures and solicitor-client retainers, this area of law remains both technically demanding and strategically important for litigators.

Key legal developments
Costs litigation and litigation funding continue to evolve through case law and procedural reform. Key developments in this area include:
- Judicial guidance on the proportionality and recoverability of legal costs
- The courts’ approach to compliance with the Civil Procedure Rules in costs disputes
- Ongoing scrutiny of litigation funding arrangements and solicitor-client retainers
- Developments affecting conditional fee agreements and damages-based agreements
Understanding these developments is essential for solicitors seeking to maximise costs recovery while managing litigation risk.
- Case Updates, HDR
Recent 8PP case highlights
8PP are frequently instructed in matters involving complex costs disputes and litigation funding issues. Our work includes:
- Advocacy at detailed assessment hearings
- Advising on the enforceability of funding arrangements
- Strategic advice on costs recovery during ongoing litigation
- Representation in disputes arising from solicitor-client retainers
Through careful preparation and clear advocacy, we assist instructing solicitors in navigating technically complex costs litigation.
- Case Updates, HDR
- Case Updates, HDR
Emerging issues
The legal landscape surrounding costs and litigation funding continues to develop. Current areas of focus include:
- The interaction between litigation funding and regulatory compliance
- Increased judicial scrutiny of solicitor-client retainers
- Procedural disputes arising from costs budgeting and case management
- Strategic use of costs arguments within wider litigation strategy
As costs litigation continues to evolve, early strategic advice can often make a significant difference to the outcome of a dispute.
Practical guidance
We also provide practical insight on issues commonly encountered by solicitors involved in costs litigation and litigation funding matters, including:
- Preparing and challenging bills of costs
- Responding to points of dispute and replies
- Strategic use of Part 36 offers in costs disputes
- Managing detailed assessment proceedings
- Advising on the structure and enforceability of funding arrangements
- HDR, Legal Focus
If you require specialist counsel on a costs litigation or litigation funding matter, pleae contact our Clerking Team: clerks@8pp.co.uk who will be happy to discuss availability, fees or assist with urgent instructions or call 0151 245 9292.
Alternatively, you can submit your enquiry through our Instruct Us page.