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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…

July 4, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Members Content, Relief from sanctions

Cases relating to late service of the costs budget are still filtering through. Rarely, however,  does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…

SANCTIONS FOR LATE FAILURE TO FILE A COSTS BUDGET DO NOT APPLY TO INCURRED COSTS: REPORT OF A COUNTY COURT DECISION

March 11, 2021 · by gexall · in Appeals, Costs, Costs budgeting, Members Content, Sanctions

Recommended reading today is a useful report from PIC available here in relation to a decision in Hardy -v- Skeelis (4th March 2021, County Court at Stoke, HHJ Rawlings).  The appeal decision confirms that the sanctions imposed for failing to…

RELIEF FROM SANCTIONS NOT NEEDED: A DECISION "POUR ENCOURAGER LES AUTRES": A SOLICITOR CAN RELY ON A LETTER FROM THE COURT

RELIEF FROM SANCTIONS NOT NEEDED: A DECISION “POUR ENCOURAGER LES AUTRES”: A SOLICITOR CAN RELY ON A LETTER FROM THE COURT

November 28, 2017 · by gexall · in Applications, Costs budgeting, Members Content, Relief from sanctions

In his judgment today in Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) Mr Justice Coulson had some telling observations on whether a party needed relief from sanctions and whether relief should be granted. He held…

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