MH v CH

The court's general case management powers under CPR 3.1(7) permit setting aside a Provisional Assessment Order where the assessment was conducted without all mandatory documents, specifically the full Points of Dispute, rendering the process irregular and depriving the paying party of fair process; exceptional circumstances exist due to the admitted omission, warranting the PA Order being set aside.

Parties: Applicant: MH; First Respondent: CH (By Her Litigation Friend the Official Solicitor)
Jurisdiction: England and Wales
Judgment Date: 02 June 2026
Procedural Posture: Costs Assessment Application / Application to Set Aside Provisional Assessment Order
Outcome: Application allowed; Provisional Assessment Order set aside.
Legal Topics: Provisional Assessment, Case Management Powers, Setting Aside Orders, Detailed Assessment, Points of Dispute

Civil Procedure Costs Provisional Assessment Case Management Powers Setting Aside Orders Detailed Assessment Points of Dispute

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1

Parties

Applicant

CH (By Her Litigation Friend the Official Solicitor)

First Respondent

Procedural Posture

Costs Assessment Application / Application to Set Aside Provisional Assessment Order

Legal Issues

1 Whether CPR 3.1(7) permits setting aside a Provisional Assessment Order within 7 days as an alternative to oral hearing under CPR 47.15(7)
2 Whether failure to file full Points of Dispute invalidates the Provisional Assessment
3 Whether exceptional circumstances exist to set aside the PA Order

Ratio Decidendi

Court Disposition

Application allowed; Provisional Assessment Order set aside.

Orders

PA Order dated 29 April 2025 set aside pursuant to CPR 3.1(7).
Matter removed from provisional assessment process and to proceed as detailed assessment.