The other day I mentioned that with the introduction of the new form N258 – Request for Provisional/Detailed Assessment it appeared the old form N258 had been renumbered D258. However, as a reader pointed out:
“I thought D258 was for family cases. Hence Applicant/ Petitioner/ Respondent appearing in the headings in the top right of the form.”
Re-reading the forms I think that must be right. It therefore appears that the old N258 has been entirely replaced by the new one.
That would not be a problem if those preparing the form had read the new rules properly.
The new form appears to require one of two options to be ticked:
“I confirm the costs claimed are £75,000 or less and I ask the court to undertake a provisional assessment.”
“I confirm the costs claimed are over £75,000 and I ask the court to arrange a detailed assessment hearing.”
The transitional provision dealing with the new Provisional Assessment scheme states at CPR 47.15(1):
“This rule applies to any detailed assessment proceedings commenced in the High Court or a county court on or after 1 April 2013”.
As the majority of detailed assessment hearings that will be requested over the next few months will relate to claims where the costs are under £75,000 but detailed assessment proceedings were commenced (ie an N252 was served) before 1 April 2013, and so provisional assessment does not apply, the new form is not currently fit for purpose in the majority of cases.