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.”
or
“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.
Ho-hum.
What is wrong with dealing with that in your covering letter?
the covering letter is the work around solution – not taxing I admit
Doesnt mean the form is not wrong
anon @ 8:43am
because doing that simple thing, wouldnt give bloggers here any chance to moan and wail
God forbid sense ever breaks out in the costs fraternity !
I understand we use the old N258 to request a Detailed Assessment Hearing where Detailed Assessment Proceedings were commenced before 1 April 2013.
This wouldn’t be a problem if you could be sure everyone is 100% familiar with the rules. However, I can guarantee that there will be some parties who tick the box requesting a provisional assessment not having properly read the transitional rules. I can then guarantee that there will some judges who proceed to provisionally assess those bills equally ignorant of the fact that provisional assessment does not apply given the date detailed assessment proceedings were commenced.
sorry Simon, but your complaint then is about stupidity of the parties and the Judiciary, not about any major problem with the forms that cant be handled in a sensible fashion
If you have a copy of the old N258, can you still use this one to request an assessment?