WHAT HAPPENS WHEN ONE BUDGET IS PROVIDED INSTEAD OF THREE? IS THERE A BREACH AND WOULD THE COURT GRANT RELIEF FROM SANCTIONS?
Arguments about the form of compliance are likely to become as commonplace as about the time of compliance. These arguments were considered by Master Kay Q.C. Important observations are made about the appropriate form for costs budgets when one or…
ANOTHER HIGH PROFILE COSTS BUDGETING ERROR: BURT -v- LINFORD CHRISTIE
The Mitchell case was about a failure to file a costs budget in time. In Burt -v- Linford Christie the court refused relief from sanctions where the defendant filed to file the costs budget in time. The application was considered…
AN ASSESSMENT OF COSTS BITES THE DUST: COURT RESOURCES, PROPORTIONALITY AND COURT PATIENCE IN THE ASSESSMENT PROCESS.
The decision of Mr Justice Teare in Mount Eden Land Ltd –v- Speechly Bircham [2014] EWHC 169 (QB) is a case of the courts ending a detailed and lengthy costs assessment because of the behaviour of the claimant. It has wider…
THE COURT DIDN’T TELL ME TO FILE PRECEDENT H! WHAT HAPPENS WHEN THE PARTIES FAIL TO FILE COSTS BUDGETS BECAUSE OF BEING MISLED BY A COURT FORM?
The penalties for failing to file Precedent H in time are draconian. What happens if the parties do not file Precedent H because they are misled by the court directions? In Aliasghas Porbanderwalla –v- Daybridge Ltd HH Judge Worster allowed an…
APIL: MONITORING OF COSTS BUDGETING AND RELIEF FROM SANCTIONS.
The Association of Personal Injury Lawyers is monitoring both costs budget and relief from sanctions. It has asked for information from members on these issues. If you are not a member (you could always join) APIL may still welcome input…
COSTS MANAGEMENT HEARINGS AND FORM H: PRACTICAL GUIDANCE AND A USEFUL SCHEDULE
Costs Management hearings are still relatively novel. A previous post set out links to posts and articles that provide some guidance. Here are a few practical tips and a useful Schedule to highlight the differences. YOU CAN’T HAVE THINGS TWICE:…
