Jurisdiction(s):
United Kingdom

Key definition

Provisional assessment definition

What does Provisional assessment mean? Provisional assessment is a paper-based court assessment of recoverable litigation costs made without the parties attending a hearing, with a limited right to seek an oral review. In England and Wales, it is a defined Civil Procedure Rules process. Under CPR 47.15, the court carries out a provisional detailed assessment where the total costs claimed are £75,000 or less (exclusive of VAT and interest). After service of the bill of costs, points of dispute and any replies, a costs judge or district judge provisionally assesses each item and the costs of the detailed assessment itself. Any party may request an oral...

Early judicial assessment in Employment Tribunals: process, suitability, confidentiality and outcomes under the 2023 Presidential ADR Guidance (England, Wales and Scotland)

Published by a LexisNexis Employment expert

Practice notes

Judicial assessment is a type of alternative dispute resolution available to parties during employment tribunal proceedings, intended to steer them towards resolving their disagreement by consent. It is a voluntary, confidential and evaluative exercise conducted at an early point in the case, where an employment judge gives a provisional view on the parties’ respective strengths, weaknesses and litigation risks across their claims, allegations, contentions and any remedies pursued. The purpose of this early appraisal is to help the parties recognise the real issues and what is at stake, and to prompt settlement before positions harden and expenses escalate. It is also anticipated to aid the parties in refining and narrowing the matters requiring determination, producing a shorter, more targeted final hearing. This Practice Note sets out how judicial assessment operates. It draws on the Presidential Guidance on ADR, issued under rule 7 of the Employment Tribunal Rules of Procedure 2013 on 7 July 2023, and, in particular, Appendix 2 to that guidance, which establishes a protocol for judicial assessments. By giving this neutral indication, the judge helps focus discussions on settlement options and realistic outcomes for both.

ADR in the employment tribunal

The overriding objective of the ET Rules is...

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Web page updated on 21/05/2026

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