The defendant costs specialists

Request for electronic copy of Points of Dispute

By on Mar 28, 2014 | 7 comments

Request received this week from costs drafting firm:

“We would be much obliged if you could provide to us your Points of Dispute on computer disk or by email pursuant to Costs Practice Direction 35.6, to enable us to prepare Replies”.

Never let it be said that costs draftsmen do not keep up to date with the latest developments in costs law.


  1. Someone – solicitor not costs draftsman – made me a R47.19 offer the other day.

    John Allen

    28th March 2014

  2. Fair point but why do PPs not send an editable Microsoft Word document as a matter of course?


    28th March 2014

  3. Because ironically there is no obligation to send electronic Points any longer, despite in practice most courts requiring a combined Points/Replies document.


    28th March 2014

  4. John,

    I keep receiving Part 47.19 offers, too. LOL.


    28th March 2014

  5. I personally don’t mind sending a word version with the Points of Dispute.

    I’m mad as a wasp however, when some opponents insist on us sending a word version of the Points of Dispute but then also say in the same correspondence we don’t accept service via email.

    Fax machines have a habit of being engaged a lot of the time and the postal service…. lets not go there.

    Email is the most reliable means of sending documentation which is not too heavy (points of dispute are never so large that email would not be appropriate).

    I’m left thinking there must be some other reason why receiving parties don’t want to receive Points of Dispute via the easiest and most reliable mode of communication but I’m struggling to think what that might be…..


    31st March 2014

  6. @ anonymous 31.03.14 12.37

    I always like those firms whom don’t accept service by email – especially when their letterhead doesn’t mention it but gives a valid email address

    Generally – I’ve had one idiot firm make application to strike out my PODs before as I hadn’t provided anything but a hard copy; the DJ was livid his time was being wasted over such a triviality which had no basis at all in the rules


    1st April 2014

  7. just recently had an opponent raise this live in a hearing, advising the DJ my conduct was poor because I had refused to comply with CPD 35.6 and provide an electronic copy, which is why his replies were two months late! Felt (only a little) embarrassed asking the DJ to forgive my opponent for not knowing the CPD had been repealed for over a year


    20th May 2014


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