Bill of costs and unpaid disbursements

Can a bill of costs include unpaid disbursements?

Yes, but only if the unpaid disbursements are described in the bill as not yet paid. The deficiency can lead to difficulties to these items if they are challenged on a later assessment. One solution in such an instance would be to ask the costs judge for an adjournment, apply to the court for leave to withdraw the entire bill and redeliver it (but there is a risk that you may be ordered to pay all the costs thrown away) and deliver a fresh bill, Solicitors Act 1974, section 67.

It should be noted that in Tearle & Co v Sherring (29 Oct 1993, unreported, QBD), Justice Wright held that where a solicitor has acted in good faith but has inadvertently omitted to describe the disbursements as unpaid, the court not only had the power to give him leave to withdraw his bill and deliver another one, to save costs it could in an appropriate case give leave to amend his bill by adding the words 'unpaid'. However, you should err on the side of caution and describe unpaid disbursements as 'unpaid' in the bill.