APPLICATION FOR RELIEF FROM SANCTIONS REFUSED WHEN PARTY FAILED TO SERVE STATEMENT OF REASONS: FULL TRANSCRIPT AVAILABLE

January 14, 2014 · by gexall · in Civil Procedure, Costs, Members Content, Relief from sanctions

There is a decision by Master Rowley in the case of Long -v- Value Properties Ltd 13/1/14 available on dropbox at https://www.dropbox.com/s/h8keoeme94gvrzp/Long%20v%20%20Value%20Properties%20%26%20Anor.pdf THE APPLICATION FOR RELIEF FROM SANCTIONS This was an application for relief from sanctions ar...

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Tags: costs, CPR 3.9, Mitchell

2 Responses

legalorange · January 18, 2014 at 01:51:47 · →

Our in-house costs team recently made a similar mistake on my colleague’s file.

Consequently, no success fee was allowed.

Due to the loss of success fee there was a failure to beat a Part 36 offer.

Result? Having to pay the Paying Party’s costs of assessment.

If we had used an external draftsman then we could have at least sued them for professional negligence.

The decision in Long -v- Value Properties Ltd is correct as it comes down to a failure to comply with procedural rules. It is not a conduct point or where discretion can be applied.
Ben · June 12, 2014 at 18:01:37 · →

This case is up for appeal next week.
In any event, HH Judge Mackie QC, sitting as a High Court Judge (London Mercantile Court) declined to follow Master Rowley, and granted relief from sanction on identical facts, in Warner v Merrett (12 June 2014).