Provisional Assessment Oral Hearing Advocacy

Under CPR 47.15, eligible detailed assessment proceedings are assessed using the bill and supporting papers, together with points of dispute and any replies. The current Practice Direction 47 sets the monetary threshold. This paper process is designed to resolve costs without the expense of a full oral hearing. The court can direct a hearing if the matter is unsuitable for provisional assessment.

Clear written documents therefore matter from the outset. The judge should be able to understand the challenge, response and relevant evidence without asking questions in court. Our detailed assessment proceedings service can help before the provisional decision, while these instructions focus on evaluating and presenting an oral challenge once the decision has arrived.

CPR 47.15(7) requires a party wishing to challenge an aspect of the provisional assessment to file and serve a written request within 21 days of receipt of the notice. The request must identify the items to be reviewed and provide a time estimate. Do not wait for a hearing date before taking advice: the first critical step is preserving the correct challenge.

We check the notice, receipt date, any relevant directions and the decisions selected for review. If no timely request is filed and served, the provisional assessment becomes binding, save in exceptional circumstances. Any concern about lateness requires immediate case-specific advice rather than an assumption that an extension will be available.

Under CPR 47.15(10), a party requesting an oral hearing ordinarily pays the costs of and incidental to that hearing unless it achieves an adjustment in its own favour of 20% or more of the sum provisionally assessed, or the court otherwise orders. Winning a particular item is not necessarily enough. The overall financial adjustment must be understood.

We prepare scenarios showing the disputed value, plausible changes and likely hearing expense. The special costs limit for proceedings that do not go beyond provisional assessment should not be assumed to protect a party once an oral hearing is requested. Settlement offers, the conduct of the parties and the court’s discretion also need attention when advising on risk.

The hearing plan follows the items identified for review. We match each issue to the original points of dispute, replies, assessed decision and supporting document. A short schedule can show the original claim, provisional allowance, proposed adjustment and the reason for it. This makes both the argument and its financial consequence easier to follow.

New material or issues are not assumed to be admissible merely because a hearing has been requested. We consider any permission or directions required and keep the submissions within the proper scope. After the hearing, the revised figures, costs consequences and certificate must be checked. We also advise whether an offer or targeted concession would resolve the dispute more efficiently.