Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a bill of costs is reviewed on paper in a legal aid matter, the court uses Form N253 to let everyone know the figure it has provisionally arrived at. It is a procedural notice rather than a final order, and it gives the parties a short window to decide whether to accept the figure or ask to be heard.
For solicitors working on publicly funded files, the form carries some specific obligations, particularly around how counsel's fees are handled. This page walks through what the notice contains, how provisional assessment actually works in practice, what the claimant needs to do on receipt, and the traps that can catch firms out when fees have been reduced or disallowed.
If you are dealing with one of these notices for the first time, the rules around counsel and timing are the parts that tend to cause the most confusion.
What this document is
Form N253 is the court-issued notice that communicates the outcome of a provisional assessment in a legal aid only (or LSC only) detailed assessment of costs. Provisional assessment is a paper-based exercise where a costs judge or authorised officer looks at the bill of costs, the points of dispute where applicable, and the supporting papers, then decides what figure should be allowed without holding an oral hearing.
The process was introduced to make lower-value costs disputes quicker and more proportionate. The notice sets out the sum the court has provisionally allowed and tells the receiving party what happens next. In legal aid matters, the claimant solicitor typically receives the notice and then has to decide whether to accept the figure as final or request an oral hearing.
The form also records basic case identifiers such as the claim number, the parties, and the date of issue, so it sits clearly on the court file as the trigger for the next procedural step.
How to use this document
Receive the notice from the court. Once the court has carried out its paper review, Form N253 is sent out showing the amount provisionally allowed. Check the figure carefully against the bill submitted, noting any items that have been reduced, disallowed, or altered, because these are the points you may want to challenge if the outcome is not acceptable.
Consider whether to accept or be heard. You have a short period, usually 14 days from service, to tell the court in writing if you want an oral hearing on the assessment. If you do nothing within that window and accept the figure, the provisional amount becomes final. Weigh the value of any disputed items against the costs and risks of a hearing.
Notify counsel before accepting. In legal aid only cases, if any of counsel's fees have been reduced or disallowed at the provisional stage, the solicitor must write to counsel and tell them. You should not treat the provisional assessment as final without first checking whether counsel also accepts the outcome, because counsel has their own right to be heard on their fees.
Request a hearing if appropriate. If you or counsel want to challenge the provisional figure, file a written request with the court within the 14-day window, identifying the items in dispute. Be aware that costs consequences can follow if the hearing does not improve the position by a meaningful margin, so this decision should be made deliberately.
Finalise the assessment. If the provisional figure is accepted, return the bill of costs to the court along with any balance of the assessment fee that applies. The court will then complete the process so the costs can be paid under the legal aid certificate. Keep copies of all correspondence with counsel and the court on the file.
Q What is a provisional assessment in costs proceedings?
It is a paper-based review of a bill of costs carried out by a costs judge or authorised court officer without an oral hearing. The judge considers the bill, any points of dispute, and the supporting papers, then decides what figure to allow. The process was designed to deal with lower-value costs disputes more proportionately, keeping time and expense down for everyone involved.
Q How long do I have to respond to Form N253?
The notice gives a short window, typically 14 days from the date of service, for a party to tell the court in writing that they want to be heard on the assessment. If no request is made within that period and the provisional figure is accepted, the amount allowed becomes final and the matter moves to conclusion without a hearing.
Q Do I have to tell counsel about reductions before accepting?
Yes. In legal aid only cases, if any of counsel's fees have been reduced or disallowed on the provisional assessment, the solicitor is expected to notify counsel in writing. The solicitor should not treat the figure as final without first checking whether counsel accepts it, because counsel has a separate interest in the outcome of their own fees.
Q What happens if I ask to be heard on the assessment?
The court will list an oral hearing where the disputed items can be argued. There can be cost consequences if the outcome of the hearing does not improve the position by a significant amount compared to the provisional figure, so the decision to request a hearing should be thought through rather than made reflexively.
Q Does Form N253 apply outside legal aid cases?
Provisional assessment itself is used in a range of detailed assessment matters that fall within the financial threshold set by the rules. Form N253 in the version described here is the notice used in legal aid only or LSC only matters. Different court forms and procedures can apply in inter-parties costs assessments, so check which track your assessment is on.
Q What fee is payable when returning the bill?
A balance of the assessment fee may need to be paid when the bill is returned to the court after acceptance. Fee levels change from time to time, so check the current court fees on gov.uk or the guidance issued by HMCTS before sending anything in, rather than relying on an older figure quoted elsewhere.
Q What information does Form N253 contain?
The notice sets out the court office address, the parties' names and any references, the claim number, and the date of issue. It then states the amount provisionally allowed, explains the 14-day window for asking to be heard, and sets out what must be done if the figure is accepted as final. It also includes specific wording for legal aid only matters.
Unsure what the provisional figure means for your file?
Provisional assessment notices carry tight deadlines and specific duties around counsel's fees, and the decision to accept or be heard has real consequences. An experienced legal adviser can help you think through your options on the call, based on what you describe about the bill and the reductions.
✓A plain-English walk-through of what the provisional figure means in your situation
✓Practical perspective on whether to accept or request a hearing, based on what you describe
✓Clarity on the steps to take with counsel before treating the figure as final
✓Answers to your specific questions about timing and next moves
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.