Provisional assessment

Published February 7, 2013 by

Provisional assessment will apply to all detailed assessment proceedings commenced in the High Court or County Court on or after 1 April 2013 where the upper threshold of costs claimed is £75,000.
The initial pilot scheme was limited to bills of up to £25,000; no explanation has been given as to why this threefold increase has been implemented.

 It is understood that the court will not award more than £1,500 to any party [for] the costs of the provisional assessment, based on the upper limit, the assessment fee is £980, that accounts for almost two thirds of that figure, this leads to the situation for Legal costs draftsman where higher value bills, which will inevitably demand more work to prepare for the P/A, will effectively be awarded less costs than lower value, less demanding bills.

In the light of the statement that further statutory instruments in respect of the Jackson proposals are to be laid before parliament a rethink may be forthcoming.