Provisional assessment

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Provisional assessment
  • What is it and when does it apply?
  • What is it?
  • When does it apply?
  • Who can conduct a provisional assessment?
  • What do the parties need to provide to the court?
  • The provisional assessment process
  • The court
  • The parties
  • Failure to agree the provisional assessment—written submissions
  • More...

Provisional assessment

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 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.

When does it apply?

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:

  1. 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

Popular documents