- Provisional paper assessments are not appealable (PME v The Scout Association)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Need for an oral hearing to bring an appeal
- What will be considered on an appeal
- Case details
Dispute Resolution analysis: The court held that a provisional assessment on the papers is not capable of being appealed as it is not a ‘hearing’, as per the provisions under CPR 39.2. It is provisional assessment of items that becomes binding on parties unless an oral hearing is requested within 21 days. It does not give rise to a decision. A binding provisional assessment cannot be challenged either by way of an oral hearing or appeal. If an oral hearing is requested, this is to be considered the ‘hearing’ and there is no limit to the number of items that can be challenged, albeit a party needs to better the provisional assessment by 20% or more or will be ordered to pay the costs. Reasoned decisions will be made at the oral hearing and these are capable of being appealed. Written by Mark Holloway, costs lawyer at Paragon Costs.
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