TMC LEGAL | MH V CH (BY HER LITIGATION FRIEND THE OFFICIAL SOLICITOR) [2026] EWHC 238 (SCCO)

Описание: MH v CH (By Her Litigation Friend the Official Solicitor) [2026] EWHC 238 (SCCO)
The court set aside a Provisional Assessment Order under CPR 3.1(7) after the receiving party failed to file the paying party's complete Points of Dispute with the N258 bundle.
🔑 KEY POINTS

CPR 3.1(7) remains available to challenge a Provisional Assessment Order where the receiving party's non-compliance renders it jurisdictionally defective, distinct from a review of assessment items under CPR 47.15(7)
A provisional assessment is not validly constituted under CPR 47.15 where the receiving party fails to file the paying party's complete Points of Dispute, meaning the 21-day review period never properly begins to run
The receiving party's duty to file all documents comprising the paying party's Points of Dispute is stringent and analogous to the duty of candour in without-notice applications
Where a court has conducted a provisional assessment on a misstated factual basis caused by one party's procedural breach, that constitutes grounds to exercise CPR 3.1(7)
The same facts can constitute exceptional circumstances under CPR 47.15(7), even if that provision were otherwise engaged
📋 CASE SUMMARY Case: MH v CH (By Her Litigation Friend the Official Solicitor) Citation: [2026] EWHC 238 (SCCO) Court: Senior Courts Costs Office Judge: Deputy Costs Judge Bedford Decision: PA Order set aside under CPR 3.1(7); matter directed to detailed assessment under CPR 47.15(6)
⚖️ WHY THIS MATTERS This judgment provides the first reported authority on whether CPR 3.1(7) is available to challenge a Provisional Assessment Order where the assessment was constituted on an incomplete basis. It establishes that CPR 47.15(7) and CPR 3.1(7) are complementary rather than mutually exclusive, with the general power addressing jurisdictional failures that fall outside the scope of the specific review mechanism. Costs practitioners should note that the receiving party bears a stringent, candour-like duty to file the complete Points of Dispute when lodging an N258 bundle.
🎯 WHAT THE COURT DECIDED

1. CPR 3.1(7) and CPR 47.15(7) operate cohesively: the former addresses jurisdictional challenges to the assessment process; the latter addresses review of items within a properly constituted assessment
2. The failure to file the complete Points of Dispute was a material breach of PD 47 para 14.3(e), meaning the provisional assessment was not validly constituted and the 21-day period under CPR 47.15(7) had not properly begun to run
3. The receiving party bears a stringent duty — analogous to the duty of candour in without-notice applications — to ensure all of the paying party's documents are filed when requesting a provisional assessment
4. The threshold under CPR 3.1(7) (applying Tibbles v SIG plc) was met: the facts before the court had been misstated by omission, the application was prompt, and the defaulting party should not benefit from its own default
5. The matter was removed from the provisional assessment regime under CPR 47.15(6) and directed to a one-day detailed assessment hearing
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🔗 LINKS 📖 Read the full blog post: https://tmclegal.co.uk/mh-v-ch-by-her... ⚖️ BAILII Judgment: https://www.bailii.org/ew/cases/EWHC/...
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⚠️ DISCLAIMER This video is for educational and informational purposes only and does not constitute legal advice. For specific legal matters, please consult a qualified legal professional.
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