In Warner -v- Merrett (QBD Merc 12/6/2014) Judge Mackie QC granted relief from sanctions following a failure to serve documents relating to serve documents relating to additional liabilities at the outset of a detailed costs assessment. The case was briefly reported on Lawtel yesterday. This is base...
While it will probably be superseded by this week’s events in the Court of Appeal, this will be an interesting judgment when the transcript is available. The judge declined to follow a previous decision of Master Rowley – Long v Value Properties – which has also been blogged about here. The judge went rather further than that the Lawtel summary suggests in saying that solicitors have a duty to cooperate. While the judge made a no personal criticism of the respondents’ solicitor, he did in effect say that prejudice had been deliberately contrived by that solicitor not taking any step to alert the applicant to its oversight. This did have a bearing on his decision to grant relief.