- Costs officers do have discretion to conduct provisional assessments (PME v The Scout Association)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Objecting to assessment by a costs officer
- Scope of the appeal
- Can a costs officer conduct summary assessment?
- Case details
Dispute Resolution analysis: Authorised court officers have jurisdiction to conduct provisional assessments. There is no right to appeal from a provisional assessment, only from an oral hearing, if requested. That appeal, whether under the Civil Procedure Rules 1998 (CPR) 42.21 or otherwise, will be limited to decisions made at the hearing. If a party accepted the authorised court officer's provisional assessment on any points, it would be contrary to the overriding objective to accept that that party has the right to go back on his own decisions and restart the entire detailed assessment process through the appeal procedure. Written by Nicholas Lee, managing director and senior costs lawyer, at Paragon Costs Solutions.
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