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

Where a receiving party’s N258 bundle omits part of the paying party’s Points of Dispute, the court retains jurisdiction under CPR 3.1(7) to set aside the resulting Provisional Assessment Order, and the 21-day period under CPR 47.15(7) has not properly begun to run.

  • The court’s general case management power under CPR 3.1(7) to vary or revoke an order is available to address a fundamental procedural irregularity in a provisional assessment, even where a specific rule (CPR 47.15(7)) provides a mechanism for challenging the assessment’s outcome. The two rules are complementary, with CPR 3.1(7) addressing jurisdictional challenges to the process itself, distinct from a review of the assessment ‘items’. [31-35, 45-49, 55, 69]
  • A provisional assessment conducted by the court is not validly constituted under CPR 47.15 and PD 47 para 14.3 if the receiving party fails to file the paying party’s complete Points of Dispute. This failure is a material breach of a mandatory obligation that prevents the court from discharging its function and means the subsequent workflow, including the time limit for a review hearing, is not properly engaged. [58-64, 68]
  • The duty on a receiving party to file all documents comprising the paying party’s Points of Dispute when requesting a provisional assessment is stringent, analogous to a duty of candour in without notice applications. It is not for the receiving party to filter or unilaterally decide which documents are compliant; that is a matter for the court. [65-67]
  • Where a court has made an order based on a material misstatement of the factual or argumentative position before it, caused by one party’s failure to comply with procedural rules, this constitutes a ground for exercising the power under CPR 3.1(7) to set the order aside. The promptness of the application is a relevant factor. [75-77]
  • A receiving party’s failure to comply with the mandatory filing requirements for a provisional assessment, which leads the court to conduct an assessment on an incorrect basis, can in itself amount to ‘exceptional circumstances’ within the meaning of CPR 47.15(7). [79-80, 82]