MH v CH [2026] EWHC 238 (SCCO) (06 February 2026)

MH v CH [2026] EWHC 238 (SCCO) (06 February 2026)

The court's general case management powers under CPR 3.1(7) are available to set aside a provisional assessment order where the assessment was conducted without all required documents, specifically the full points of dispute, having been filed. The omission was a serious and significant breach of PD 47 para 14.3,...

Source-derived case information.

Citation
[2026] EWHC 238 (SCCO)
Parties
Applicant: MH; First Respondent: CH (By Her Litigation Friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
06 February 2026
Procedural Posture
Costs Assessment (application to Set Aside Provisional Assessment Order) / Post Provisional Assessment, Application to Set Aside Order Under CPR 3.1(7)
Outcome
Application granted. Provisional assessment order set aside.
Legal Topics
Provisional Assessment, Case Management Powers, Setting Aside Orders, Detailed Assessment, Points of Dispute, CPR 47.15, CPR 3.1(7)
Civil Procedure Costs Provisional Assessment Case Management Powers Setting Aside Orders Detailed Assessment Points of Dispute CPR 47.15 +1 more

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Parties

MH

Applicant

CH (By Her Litigation Friend the Official Solicitor)

First Respondent

Procedural Posture

Costs Assessment (application to Set Aside Provisional Assessment Order) / Post Provisional Assessment, Application to Set Aside Order Under CPR 3.1(7)

Legal Issues

  1. 1 Whether the court can set aside a provisional assessment order under CPR 3.1(7) instead of requiring a request for oral hearing under CPR 47.15(7)
  2. 2 Whether the failure to file full points of dispute with the N258 bundle invalidates the provisional assessment
  3. 3 Whether exceptional circumstances exist to set aside the provisional assessment order

Ratio Decidendi

The court's general case management powers under CPR 3.1(7) are available to set aside a provisional assessment order where the assessment was conducted without all required documents, specifically the full points of dispute, having been filed. The omission was a serious and significant breach of PD 47 para 14.3, undermining the fairness of the process. The application was made promptly, and the facts meet the threshold of exceptionality required to set aside the order. CPR 47.15(7) is not engaged where the provisional assessment was not properly constituted, so the failure to request an oral hearing is not fatal.

Court Disposition

Application granted. Provisional assessment order set aside.

Orders

  • The provisional assessment order dated 29 April 2025 is set aside pursuant to CPR 3.1(7).
  • The matter is removed from the provisional assessment process and will proceed as a detailed assessment.