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Civil procedure

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.

Source excerpt

  • Provisional assessment
  • Case management powers
  • Setting aside orders
  • Detailed assessment
  • Points of dispute
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Civil procedure [2026] EWCC 25

Maidens v Building Supplies Distribution Ltd

Maidens v Building Supplies Distribution Ltd [2026] EWCC 25 (15 April 2026)

The court held it had jurisdiction to hear an interim costs application within provisional assessment, but refused to exercise that discretion and dismissed the defendant’s application.

  • Provisional assessment
  • Points of dispute
  • Cpr compliance
  • Abuse of process
  • Case management powers
  • Provisional-assessment
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Civil procedure [2026] EWHC 238 (SCCO)

MH v CH

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

The Senior Courts Costs Office set aside a provisional assessment order after the receiving party failed to file the full points of dispute with the N258 bundle.

  • Provisional assessment
  • Case management powers
  • Setting aside orders
  • Detailed assessment
  • Points of dispute
  • Cpr 47.15
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Civil procedure [2025] EWHC 3299 (SCCO)

Aereal Bank AG v Lumineau & Anor

Aereal Bank AG v Lumineau & Anor [2025] EWHC 3299 (SCCO) (08 September 2025)

Detailed assessment of costs in which the court allowed only a modest uplift above guideline hourly rates and adjusted counsel fees for reasonableness.

  • Assessment of costs
  • Guideline hourly rates
  • Instruction of counsel
  • Proportionality
  • Practice direction 47
  • Points of dispute
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Civil procedure [2025] EWHC 1681 (KB)

Ward v Rai (Rev1)

Ward v Rai (Rev1) [2025] EWHC 1681 (KB) (03 July 2025)

Appeal over detailed assessment costs allowed after the court held the judge had erred in principle by permitting a late, more specific Points of Dispute schedule.

  • Detailed assessment of costs
  • Points of dispute
  • Practice direction compliance
  • Variation of points of dispute
  • Overriding objective
  • Case management discretion
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Civil procedure

Paul Ward v Gagandeep Rai

The Judge erred in principle by failing to strike out Point 23 of the Respondent’s Points of Dispute, which was non-compliant with PD 47, paragraph 8.2(b) and Ainsworth, and by permitting the Respondent to rely on a late-served annotated schedule. This approach failed to give sufficient weight to the mandatory requirements of the Practice Direction and the overriding objective, resulting in unnecessary delay and costs. The Judge’s exercise of discretion under PD 47, paragraph 13.10(2) was wrong and did not balance the relevant factors fairly.

Source excerpt

  • Detailed assessment of costs
  • Points of dispute
  • Practice direction 47
  • Cpr 47.14
  • Variation of points of dispute
  • Case management discretion
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Civil procedure [2025] EWHC 214 (SCCO)

Christodoulides v CP Christou LLP

Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO) (04 February 2025)

The Senior Courts Costs Office struck out most of a paying party’s Points of Dispute for being prolix, unfocused and non-compliant with PD 47.8.2.

  • Points of dispute
  • Detailed assessment
  • Professional negligence
  • Compliance with civil procedure rules
  • Abuse of process
  • Detailed-assessment
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Civil procedure

St Francis Group 1 Limited & Ors v John Thomas Kelly & Anor

The court held that the first Defendant’s Points of Dispute, save for a limited number of specifically identified items, were inadequately particularised and failed to comply with the requirements set out in Ainsworth and Practice Direction 47. The generic, repetitive objections did not identify which items were challenged or the grounds for challenge, and thus did not provide the Claimants with a fair opportunity to respond or allow the court to manage the assessment proportionately. Accordingly, the majority of the preliminary points and item-by-item objections were struck out.

Source excerpt

  • Detailed assessment
  • Points of dispute
  • Indemnity costs
  • Disclosure
  • Solicitor-client costs
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Civil procedure [2025] EWHC 125 (SCCO)

St Francis Group 1 Ltd & Ors v Kelly & Anor

St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) (23 January 2025)

The SCCO struck out most of the defendant’s points of dispute for lack of particularity, allowing only specifically identified objections to go forward on assessment.

  • Detailed assessment
  • Indemnity costs
  • Points of dispute
  • Disclosure
  • Management time
  • Solicitor-client costs
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Civil procedure [2024] EWHC 2988 (SCCO)

Agbaje v The Robert Frew Medical Company Ltd & Ors

Agbaje v The Robert Frew Medical Company Ltd & Ors [2024] EWHC 2988 (SCCO) (07 November 2024)

The court completed an interim detailed assessment in a costs dispute, ruling item by item on challenge points and directing the parties to recalculate the bill.

  • Detailed assessment of costs
  • Points of dispute
  • Costs management
  • Proportionality
  • Bill of costs
  • Detailed-assessment-of-costs
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.