CPR 47.15(5) states:
“In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500 together with any VAT thereon and any court fees paid by that party.”
What about costs incurred in relation to pre-provisional assessment applications such as applications to set aside default costs certificates, applications for interim payments or applications for relief from sanctions?
If such applications are dealt with pre-provisional assessment, it will not be known at that stage whether the proceedings will “go beyond provisional assessment”. Such costs are clearly incurred within the detailed assessment proceedings but are they costs “of the assessment”?
See the comments in Crosbie v Munroe  3 Costs LR 377 para.34:
“the assessment proceedings cover the whole period of negotiations about the amount of costs payable through the Part 8 proceedings to the ultimate disposal of those proceedings, whether by agreement or court order.”
Are such costs recoverable in addition to the £1,500 cap if the matter ultimately does not go beyond provisional assessment?