MH asked the court on 6 May 2025 to set aside a provisional assessment order made on 29 April 2025 (the “PA Order”). This all started with a long-running Court of Protection dispute, where MH was told to pay half of CH’s costs (by order dated 15 December 2023).
A Bill of Costs for £19,233.93 was sent to MH on 1 November 2024. MH replied on 22 November 2024 with his Points of Dispute, which included several documents. CH replied back on 13 December 2024. Then, on 15 April 2025, CH sent the N258 Bundle to the court—but later admitted (via their representative, Mr Cruise) that some important documents were accidentally left out. These included the annotated Bill of Costs, the Note in Relation to Points of Dispute, and MH’s open offer.
Because these documents were missing, the provisional assessment on 29 April 2025 went ahead without all the information. This made it hard for the judge to understand MH’s objections, but the PA Order was still issued that same day. MH then applied to have the order set aside.
The case came back to court for a hearing on 24 June 2025. At that hearing, a question came up: was the provisional assessment order final, or was it still up for review during the 21-day period set out in CPR 47.15(7)? The judge decided to pause things and asked both sides to send in written arguments, which they did in July 2025.
What Was MH’s Argument?
MH said the PA Order should be set aside because the N258 Bundle didn’t include all the required documents—specifically, the open offer and the full Points of Dispute. MH argued that this meant the order wasn’t valid.
MH also asked the court to look at:
- Whether leaving out these documents was contempt of court or misconduct (to be decided later).
- Whether a previous payment meant the costs had already been agreed (also to be decided later).
MH pointed out that there are other rules in the Civil Procedure Rules (CPR) that let the court set aside orders if things haven’t been done properly.
What Did the Judge Decide?
The judge looked at whether to use the court’s general powers (CPR 3.1(7)) or the specific rules for provisional assessments (CPR 47.15(7)). Here’s what was decided:
- CPR 47.15(7) is for challenging specific items in a provisional assessment, usually by asking for an oral hearing within 21 days.
- CPR 3.1(7) can be used for bigger procedural issues—like when the process hasn’t been followed correctly.
The judge found that not including MH’s full Points of Dispute was a serious procedural mistake. Because of this, the provisional assessment wasn’t carried out properly, so the usual review process didn’t apply. Instead, the court’s general powers could be used.
The judge also noted:
- CH admitted the mistake.
- The assessment was done without all the facts, which wasn’t fair.
- MH acted quickly to raise the issue.
- The error was serious, especially since MH couldn’t control what was filed.
What’s Next?
The judge set aside the PA Order, saying this was an exceptional situation. The case will now move forward as a detailed assessment, where all the remaining issues—including questions about contempt, misconduct, and whether the costs were already agreed—will be sorted out at the next hearing.
This case is a clear reminder of how important it is to follow the rules and make sure all required documents are submitted to the court. Missing paperwork can lead to confusion, delays, and even orders being set aside. By taking care to comply with the process and provide everything needed, this helps ensure fairness for everyone involved and keep cases moving forward smoothly.
For more information please contact Laura Sugarman – Laura.Sugarman@Clarionsolicitors.com