Americhem Europe Ltd v Rakem Ltd

Americhem Europe Ltd v Rakem Ltd

A costs budget signed by a costs draftsman who is not a senior legal representative is an irregularity, not a nullity. The Defendant's costs budget was validly filed, and the Defendant should not be treated as having filed a budget comprising only the applicable court fees.

Parties
Claimant: Americhem Europe Limited; Defendant/part 20 Claimant: Rakem Limited; Third Party: George Walker Transport Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2014
Procedural Posture
Civil (costs Management) / Interlocutory Application at Case Management Conference
Outcome
Third Party's application dismissed
Legal Topics
Costs Budget, Practice Directions, Sanctions for Non Compliance
Civil Procedure Costs Budget Practice Directions Sanctions for Non Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Americhem Europe Limited

Claimant

Rakem Limited

Defendant/part 20 Claimant

George Walker Transport Limited

Third Party

Procedural Posture

Civil (costs Management) / Interlocutory Application at Case Management Conference

Legal Issues

  1. 1 Whether a costs budget signed by a costs draftsman (not a senior legal representative) is a nullity under PD3E and CPR 3.13/3.14
  2. 2 Whether the Defendant should be treated as having filed a budget comprising only the applicable court fees

Ratio Decidendi

A costs budget signed by a costs draftsman who is not a senior legal representative is an irregularity, not a nullity. The Defendant's costs budget was validly filed, and the Defendant should not be treated as having filed a budget comprising only the applicable court fees.

Court Disposition

Third Party's application dismissed

Orders

  • Defendant's costs budget is not a nullity and stands as filed.
  • Defendant to remedy the irregularity at its own cost.