The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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 a procedure by which the court provisionally assesses costs without a hearing ie on paper. Essentially the parties carry out a detailed assessment but the oral hearing is replaced by the court hearing the application on the papers. No party is allowed to attend the assessment (CPR PD 47, para 14.4(1)). The assessment results in a 'provisional assessment' of the costs the receiving party is entitled to.
The process applies in both the County Court and the High Court (CPR 47.15(1)).
Provisional assessment only applies if the costs claimed are £75,000 or less (CPR PD 47, para 14.1).
This raises the following questions:
does this level of costs apply to just the base costs or all costs?—it applies to all costs. The original drafts set the level of costs claimed for provisional assessment at £25,000 but also stated that it only applied to [base] costs. The final CPR provision in CPR 47.1 does not refer to 'base' costs, just costs. The concept of base costs within the CPR has been completely removed; this was confirmed by the CPR
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can be varied in writing, orally or by conduct, and also considers unilateral variation, waiver and sustained minor breach. It sets out
Issue of redeemable sharesA limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
0330 161 1234