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Made a mess of it?

Americhem Europe Ltd v Rakem [2014] 4 Costs LR 682 Stuart-Smith J

Serving and filing Precedent H a few minutes late was a trivial delay and the signature by a costs draughtsman was an irregularity that did not make the budget a nullity. The document had been served in a form stating that it was the defendant’s costs budget and would be immediately recognised as such.

Simpson v MGN [2015] 1 Costs LR 139 Warby J

Where the claimant had won a preliminary issue not provided for in the costs budget and no revised budget had been submitted in advance of the hearing for the court’s approval, the claimant would still recover his costs. However, there would be a 10% reduction to reflect the failures on the claimant’s part that had caused the defendant to incur additional costs.

Jamadar v Bradford Teaching Hospitals NHS Foundation Trust [2016] 5 Costs LR 809 Jackson, Lindblom LJJ

Parties must exchange costs budgets in cases allocated to the multitrack in default of which they are treated as having filed a budget comprising only the applicable court fees. Jamadar’s contention that no budget needed to be filed before the case management conference within the time prescribed by CPR 3.13 because no formal notice of allocation had been in force, failed. The litigation had self-evidently been a multitrack case since the CMC had been listed for 2 hours, the parties had agreed that there should be 5 experts and directions had been agreed appropriate for a multitrack case, but inappropriate for a fast track case. Accordingly, Jamadar, having only served a budget in draft form on the morning of the hearing, had been in breach of CPR 3.13 and would be treated as having filed a budget comprising only the applicable court fees. Application for relief from sanctions under CPR 13.9 refused.

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