Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018)

Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018)

The claimant failed to file a costs budget compliant with the rules, but the parties' agreement on certain phases constituted a good reason to depart from the default sanction. The sanction under CPR 3.14 should only apply to phases not agreed. The Master's order was wrong to the extent it applied the sanction to agreed phases. Relief from sanction is granted for agreed phases; the sanction remains for trial preparation and trial phases.

Citation
[2018] EWHC 2688
Parties
Claimant and Appellant: Mr Justyn James Page; Defendant and Respondent: RGC Restaurants Limited
Jurisdiction
England and Wales
Judgment Date
15 October 2018
Procedural Posture
Appeal (from Costs and Case Management Order) / High Court, Queen's Bench Division, Appellate Review of Master's Order
Outcome
Appeal allowed in part; relief from sanction granted for agreed phases; sanction under CPR 3.14 applies only to trial preparation and trial phases.
Legal Topics
Costs Budgeting, Relief From Sanctions, Case Management, Appeals, CPR 3.14, CPR 3.9
Civil Procedure Costs Costs Budgeting Relief From Sanctions Case Management Appeals CPR 3.14 CPR 3.9

Case Brief

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Parties

Mr Justyn James Page

Claimant and Appellant

RGC Restaurants Limited

Defendant and Respondent

Procedural Posture

Appeal (from Costs and Case Management Order) / High Court, Queen's Bench Division, Appellate Review of Master's Order

Legal Issues

  1. 1 Whether the claimant filed a costs budget within the meaning of CPR 3.14
  2. 2 Whether the Master ought to have disapplied the sanction under CPR 3.14
  3. 3 Whether relief from sanction should be granted under CPR 3.9

Ratio Decidendi

The claimant failed to file a costs budget compliant with the rules, but the parties' agreement on certain phases constituted a good reason to depart from the default sanction. The sanction under CPR 3.14 should only apply to phases not agreed. The Master's order was wrong to the extent it applied the sanction to agreed phases. Relief from sanction is granted for agreed phases; the sanction remains for trial preparation and trial phases.

Court Disposition

Appeal allowed in part; relief from sanction granted for agreed phases; sanction under CPR 3.14 applies only to trial preparation and trial phases.

Orders

  • The costs budget sanction is disapplied for all phases agreed between the parties.
  • The claimant's recoverable costs for trial preparation and trial phases are limited to applicable court fees unless further order.