Provisional assessment meaning

Guidance on the assessment of costs appears in CPR PD 44, paras 8.1–8.3. The approach adopted will vary according to the categories of costs a party seeks to recover. The table below outlines the various types of costs and assessment routes, and includes further links to the pertinent references and the supporting guidance...

The rules governing detailed assessment are contained in CPR 47 and Practice Direction 47. Where a bill qualifies for provisional assessment, parties must follow the process in CPR 47 as adapted by CPR PD 47, paragraphs 14.1 to 14.5. The table below outlines each stage of the provisional assessment process, identifies the relevant CPR and PD provisions, and signposts Practice Notes offering guidance for that specific step. Note that the following provisions are excluded from provisional assessment: CPR 47.3; CPR 47.14(6) and CPR 47.14(7); CPR 47.18; CPR 47.19 CPR PD 47, paragraph 3; CPR PD 47, paragraphs 13.4 to 13.7; CPR PD 47, paragraph 13.11; CPR PD 47, paragraph 13.14 The table is structured by stage of assessment/issue, the applicable CPR (Part and Practice Direction), and the corresponding Practice Notes... Timing The default position is that the costs of proceedings, or any discrete part, are not to be assessed by the detailed route until the case has concluded; however, the court...

Mergers CMA adopts new phase 2 investigation process; publishes updated merger guidance and merger notice forms The CMA has released the final updated version of its guidance on jurisdictional and procedural mergers (CMA2), following a consultation in November 2023. The revisions chiefly concern the way the CMA will run its phase 2 merger investigations. The principal changes are: There will be chances for merging parties to engage directly with the CMA at an early stage. The issues statement will be dropped; instead, the CMA will request submissions on the phase 1 decision. Typically, there will be teach-in sessions and a new initial substantive meeting. In addition, there will be more use of update calls throughout the investigation, alongside broader opportunities for economic experts to interact with the CMA’s experts. An interim report will be issued earlier in the timetable, replacing the provisional findings report and setting out the CMA’s provisional assessment of the merger’s effects on competition...

In this issue: Commercial Competition Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission consults on evaluation of market surveillance regulation The European Commission has launched a consultation to assess and, if needed, update the Market Surveillance Regulation (EU) 2019/1020. It aims to strengthen the operation of the single market by boosting compliance with EU product harmonisation rules, with any amendments scheduled for Commission adoption in Q3 2026. The consultation closes on 4 February 2026. See: LNB News 12/11/2025 22. Commission consults on New Legislative Framework revision The Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW H4) has opened a consultation to underpin the revamp of the New Legislative Framework (NLF) governing product law, seeking to capture stakeholder views on...

In this issue: EU fundamentals Banking and finance Commercial Competition and state aid Data protection and cybersecurity Dispute resolution Financial services Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers EU fundamentals Danish Presidency of Council of the EU publishes presidency programme The Danish Presidency of the Council of the EU has released its programme for 1 July to 31 December 2025, setting out priorities and direction under the banner ‘A strong Europe in a changing world’. The presidency intends to reinforce the EU’s ability to act independently amid mounting global volatility, with a spotlight on security, competitiveness and the green transition. Forthcoming legislation will focus on strengthening defence, enhancing economic resilience and driving climate neutrality. The presidency also plans to lighten regulatory burdens and advance EU enlargement....

ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background information. Certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued...

This tracker monitors relevant EU-UK environmental law divergence and will be of interest to environmental lawyers. It captures significant areas where EU and UK rules diverge, though it is not an exhaustive catalogue. Where relevant, it flags internal UK differences (for example, between GB and NI, or between devolved administrations and the EU). The focus is on departures from EU Directives and Regulations; Decisions are not covered. UK consultations on principal divergence themes are noted. EU initiatives to introduce or amend legislation are added once the Council of the EU and the European Parliament have reached provisional agreement on the texts, enabling an indicative timetable for entry into force and applicability to be given. For a view of all EU environmental initiatives across every legislative stage, refer to our complete suite of EU environmental law trackers listed below. In this Practice Note, ‘divergence’ denotes differences in legislation, guidance or required standards arising after IP completion day (11 pm on 31 December 2020, marking the end of the...

ARCHIVED: This record is kept solely for historical reference and preservation. The pilot scheme concluded on 31 March 2013. For details on provisional assessment, refer to Practice Note: Provisional assessment. This archived notice is retained for historical purposes only. Jackson reforms As part of the Jackson reforms, Lord Justice Jackson, in his 13 January 2012 report on the pilot, found it to be a success and advised that it should be implemented across the country, with training provided to staff and district judges to help them carry it out successfully. Draft rules were prepared, to be presented to the Rule Committee in due course. For more information on the report, see News Analysis: Lord Justice Jackson report on provisional assessment pilot. What is this? The County Court Provisional Assessment Scheme (the Scheme) was a pilot under which parties were entitled to request a written, detailed assessment of costs, with the possibility of subsequently requesting an oral assessment hearing if needed. Where and when is...

[ To be printed on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, we have consulted with employee representatives about the redundancy situation, considering how redundancies might be avoided, numbers reduced or the effects minimised, the selection “pool”, and the criteria to be used. Following careful review, the criteria have been confirmed as: efficiency initiative skills/qualifications/training greater experience in certain particular tasks or on certain machines future potential/flexibility timekeeping absence record disciplinary record length of service An assessment has now been completed and these criteria applied to you and others within the pool. I am pleased to confirm that your score means you have not been provisionally selected for redundancy. We will now consult with those provisionally selected. Please note this remains a provisional decision, and we may need to...

[ To be typed on headed notepaper of employer ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) As you are aware, we have been consulting with employee representatives regarding the redundancy position, considering whether redundancies might be avoided, the number of roles at risk reduced, or their effects softened, together with the composition of the selection pool and the basis for selection. Following consideration, the selection benchmarks have been finalised as: [ specify criteria eg attendance record, disciplinary record, skills or experience, standard of work performance, aptitude for work, efficiency, qualifications or training, greater experience in certain particular tasks or on certain machines, length of service ]. [ There have not been [ any OR sufficient ] applications for voluntary redundancy. ] We have [ therefore ] completed a selection assessment, applying the agreed criteria to you and the other employees within the pool...