EXCEPTIONS TO THE FIXED COSTS REGIME: DEFENDANT'S APPEAL DISALLOWED: JUDGE ENTITLED TO FIND THAT EXCEPTIONAL CIRCUMSTANCES APPLIED

EXCEPTIONS TO THE FIXED COSTS REGIME: DEFENDANT’S APPEAL DISALLOWED: JUDGE ENTITLED TO FIND THAT EXCEPTIONAL CIRCUMSTANCES APPLIED

November 10, 2021 · by · in Appeals, Costs, Fixed Costs, Members Content

A case, newly arrived on BAILII today relates to whether a District Judge was correct to award costs outside the fixed costs regime. In Lloyd 2 Sisters Poultry Ltd (Costs) [2019] EW Misc 18 HHJ Howells refused a defendant’s appeal…

RELIEF FROM SANCTIONS GRANTED FOR LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE: A POINT FOR DEFENDANTS TO WATCH

RELIEF FROM SANCTIONS GRANTED FOR LATE SERVICE OF ACKNOWLEDGMENT OF SERVICE: A POINT FOR DEFENDANTS TO WATCH

November 10, 2021 · by · in Applications, Avoiding negligence claims, Extensions of time, Members Content, Relief from sanctions

There are two point missed, surprisingly often, by defendants who want to take a point as to service. The first is that an acknowledgment of service must be served timeously, the second is that an application under CPR Part 11…