Provisional assessment definition

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Provisional assessment pilot scheme (county courts) [Archived]

ARCHIVED: This document is being retained for historical purposes only. This pilot scheme ended on 31 March 2013.For information on provisional assessment, see Practice Note: Provisional assessment.Jackson reformsLord Justice Jackson in his report on this pilot scheme dated 13 January 2012 concluded that the pilot scheme has been a success and recommended that it be rolled out nationally with training being given to staff and district judges to assist them with this. Draft rules were drawn up to be put to the Rule Committee in due course. For more information on this report, see News Analysis: Lord Justice Jackson report on provisional assessment pilot.What is this?The County Court Provisional Assessment Scheme (the Scheme) was a pilot scheme by which parties were entitled to request a written detailed assessment of costs with the option of then asking for an oral assessment hearing.Where and when is it running?The Scheme was piloted in the Leeds, York and Scarborough county courts. It ran until 31 March 2013.When does the pilot scheme apply?The Scheme applied...

Provisional assessment

This Practice Note addresses provisional assessment, a procedure introduced into the High Court and County Court in April 2013. It covers what it is and when it applies. It explains the relevant rules, how the assessment is carried out and what the parties can do if they are unhappy with it. It also considers appeals against decisions made following a request for an oral rehearing of issues decided on provisional assessment.For quick access to the specific rules that are apply in provisional assessment proceedings, see: What rules apply for provisional assessment—checklist, and for information on the documents required for provisional assessment proceedings, see: Documents required for provisional assessment—checklist.What is it and when does it apply?What is it?There is no definition of 'provisional assessment' in the CPR. On raising the issue with the Ministry of Justice we were pointed to the Jackson Final Report at Chapter 45, paras 2.9 and 5.17.Provisional assessment is the procedure by which the court provisionally assesses costs without an oral hearing ie on the papers. No...

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Letter—to employer client giving overview of employment tribunal procedure

Letter—to employer client giving overview of employment tribunal procedure [Insert name and address of client] Private and confidential Dear [insert name] Employment tribunal claim by [enter name of employee] Thank you for instructing this firm in relation to the claim brought against you by [insert name of claimant].[ Please find enclosed with this letter our terms of business.] I have set out below a guide to the standard employment tribunal process that will ensue now a claim has been accepted by the tribunal, as discussed [at our meeting on [insert date] OR over the telephone on [insert date]]. For the purposes of the employment tribunal proceedings, [insert name of claimant] will be known as ‘the claimant’ and you will be known as ‘the respondent’. Time limits As discussed, you have 28 days from the date on which the employment tribunal sent you a copy of the claim form to file a response.[ As the claim form was sent to you by the tribunal on [insert date], in this case...

Letter—to employee client giving overview of employment tribunal procedure

Letter—to employee client giving overview of employment tribunal procedure [Insert name and address of client] Private and confidential Dear [insert name] Your[ potential] employment tribunal claim against [enter name] Thank you for instructing this firm in relation to your[ potential] employment tribunal claim.[ Please find enclosed with this letter our terms of business.] I have set out below a guide to the standard employment tribunal process that will apply should you wish to pursue your claim, as discussed [at our meeting OR over the telephone]. Time limits and next steps [As discussed, there OR There] is a time limit within which you must make your claim to the tribunal. [Until we know the date on which you receive your early conciliation certificate, we cannot determine the exact date on which your claim needs to be submitted. Please let me know as soon as you receive the early conciliation certificate.[ However, for planning purposes, I suggest that we assume that, in the event no settlement is...

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We have several Financial Ombudsman Service cases where the initial assessor has ruled that the relevant investment was mis-sold and has issued guidance as to the calculation of the quantum of compensation, but has left it to the bank to make the actual calculation. However, the bank is simply refusing to engage. Is there anything we can do other than refer the matter back to the Ombudsman? By not responding, is the bank guilty of an abuse of process?

We have several Financial Ombudsman Service cases where the initial assessor has ruled that the relevant investment was mis-sold and has issued guidance as to the calculation of the quantum of compensation, but has left it to the bank to make the actual calculation. However, the bank is simply refusing to engage. Is there anything we can do other than refer the matter back to the Ombudsman? By not responding, is the bank guilty of an abuse of process? We refer you, in general to Practice Notes: Financial Ombudsman Service—remedies, Financial Ombudsman Service—essentials, and The complaint-handling process of the Financial Ombudsman Service. DISP 3.5.4R in the FCA Handbook states that the initial assessment of the Financial Ombudsman Service (FOS), sent to both parties, must set out the case handler’s reasons and a time limit within which either party must respond. If either party then indicates disagreement with the provisional assessment within that time limit, then the Ombudsman will proceed to making a final determination. If a firm...

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PI & Clinical Negligence weekly highlights—5 December 2024

This week's edition of PI & Clinical Negligence weekly highlights includes breaking news of the new MoJ personal injury discount rate, an occupier’s liability case concerning a professional motorcycle racer injured at a championship test day and a procedural decision concerning emailing a claim form to the incorrect court office. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

Minutes of the CPR Committee meeting—10 May 2024

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 10 May 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including access to court documents and the proposed new version of CPR 5.4C following the Supreme Court judgment in Cape Intermediate Holdings Ltd v Dring, further updates on the proposals for fixed recoverable costs (FRC) in sub £25,000 clinical negligence claims, proposed residual amendments to the new FRC regime, an update on the post consultation work to simplify CPR 25 and the public question forum.