The defendant costs specialists

Provisional assessment hearing

By on Jan 8, 2014 | 11 comments

Notice received from court:

“Take notice that the provisional assessment will take place on 7 February 2014 at 2:30pm at X County Court

when you should attend

90 minutes has been allowed for the provisional assessment

NB – No parties are to attend the provisional assessment hearing”

That’s clear then.


  1. Are Courts issuing a notice as standard? The SCCO do not seem to be

    Brent May

    8th January 2014

  2. Order received from the Court just before Christmas (having requested a Detailed Assessment as the Bill exceeds £75k):

    – Detailed Assessment CANNOT be listed until an ELH is submitted [it was];
    – Bill transferred to SCCO;
    – PROVISIONAL Assessment listed (and a date given) at the original County Court.

    And that’s just the half of it.

    You couldn’t make it up.


    8th January 2014

  3. A lot of Courts are not issuing notices.

    Provisional Assessments are taking place without the Claimant or Defendant being notified that one has taken place. (Probably to stop parties sending in skeleton arguments).

    System being simplified and made profitable to make way for privatisation of the Courts.


    8th January 2014

  4. @ BM

    the rules say the Court has to give Notice of the PA Hearing – doesn’t surprise me the SCCO continues to act as a law unto itself however

    commenting on Simons original post – 90 minutes for the PA?? kind of flies in the face of the original justification and average time estimate for PA’s when they brought the rule in with the increase £75k limit……..


    8th January 2014

  5. Given the uncertainty over proportionality, and PA, and if this is a forerunner toward privatisation of the Courts (see also the recent massive fees increase to make the courts profitable), parties should seriously look at alternate methods of resolving their costs disputes………..


    9th January 2014

  6. Anonymous on January 9th, 2014 10:15 am

    Ideally parties should looks to resolving the substantive dispute between them but some people just won’t capitulate… More fool them.

    Charles Wheatcroft

    9th January 2014

  7. Business idea and an alternative to Courts: ‘Association of Independent Cost Mediators’

    First 250 members over the age of 45 automatically become mediators by attending a days course, (no actual mediation skills needed)…exams and qualifications for the rest of you


    9th January 2014

  8. @ Realist

    Great idea and once the association is up and running, we get mediation made into a reserved activity.


    10th January 2014

  9. @ Realist & Annony

    I’m in.

    Can we also lobby for a rule that only members of the “AICM” are allowed to practice as mediators, regardless of how much experience they have and how long they have been practicing for, prior to our existence?


    10th January 2014

  10. You may joke but a lot of CL’s have gone on mediation courses to add another string to their bow.

    I just don’t know who is actually going to choose a CL to settle their dispute instead of opting for a retired judge / barrister.


    13th January 2014

  11. I know they have – desperation.

    I know firms, who do not instruct dedicated cost companies if there is an inkling that they are struggling. A head who is a mediator is an indication that the costs firm is struggling and may close down in the not to distant future. (No point forming long term relationships with struggling cost firms)

    I sat in one such roundtable meeting 2 weeks ago where this reason was given to not instruct one such firm. (weird as it may sound)


    14th January 2014

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