The Court of Appeal applies the guidance in Mitchell for the first time, overturning the High Court's decision to grant relief from sanctions for non-compliance with an order requiring service of witness statements by a specified date.
Determination of a relief from sanctions application under the new CPR 3.9 for a failure to serve Notice of Funding.
Court of Appeal guidance on the correct application of CPR r.3.14 and approach to the revised version of CPR r.3.9. Relief from sanctions would not be granted where deadlines were overlooked, so solicitors should not take on so much work that they were unable to meet them.
A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants' costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.
Costs that are disallowed for want of retainer should not factor in the calculation of the one fifth rule.
A TCC judge has warned the parties in a £170k dispute over damage to seek "sensible and imaginative solutions" to substantially reduce their combined budgets of around £800k.
The High Court rejected a bid to limit a winning party’s costs to a previously approved budget on grounds that this had been due to an oversight by both the parties and the court.
HHJ Coulson declined to approve "disproportionate and unreasonable" budgets on both sides in a £1.6m professional negligence claim.
The court decline to deprive a party of costs where the failure to file a budget had been the result of a genuine jurisdictional dispute as to track.
The High Court deprived a party of its costs entitlement beyond court fees in the event of success for failure to comply with PD 51D para. 4.2.
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