The Scope Of An Appeal From Provisional Assessment

The Scope Of An Appeal From Provisional Assessment

Dismissing this appeal against a decision of Master Leonard in the SCCO Mr Justice Stewart held that the scope of an appeal against decisions made in the course of a provisional assessment pursuant to CPR 47.24 is limited to a re-hearing only of any specific decisions which had been challenged at an oral hearing. In other words, if it hasn’t first been challenged at an oral hearing pursuant to CPR 47.15(7), it cannot be appealed.

The Judge endorsed the Master’s reasoning that:

“I am quite unable to accept that the Claimant’s right to judicial determination is in any way compromised by the proper application of the rules in the way I have described. The Claimant has had a choice at every step, of what to contest and what not to contest. The process of appeal should not represent an opportunity for a party to demand a re-hearing of decisions which that party has previously accepted.”

PME V THE SCOUT ASSOCIATION [2019] EWHC 3421 (QB)