BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor

BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor

The breach was serious and significant, there was no good reason for the default, and the application for relief was not made promptly. Considering all the circumstances, including the need for efficient litigation and compliance with rules, it was not appropriate to grant relief from sanctions. The defendants are to be treated as having filed a costs budget limited to court fees under CPR 3.14.

Parties
Claimant: BMCE Bank International PLC; Defendants: Phoenix Commodities Pvt Ltd and Phoenix Global DMCC
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Civil (commercial) / Costs and Case Management Conference (application for Relief From Sanctions)
Outcome
Application for relief from sanctions refused. Defendants' costs budget limited to court fees under CPR 3.14.
Legal Topics
Costs Budgeting, Relief From Sanctions, Case Management, Civil Procedure Rules (cpr) Compliance
Civil Procedure Costs Budgeting Relief From Sanctions Case Management Civil Procedure Rules (cpr) Compliance

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Parties

BMCE Bank International PLC

Claimant

Phoenix Commodities Pvt Ltd and Phoenix Global DMCC

Defendants

Procedural Posture

Civil (commercial) / Costs and Case Management Conference (application for Relief From Sanctions)

Legal Issues

  1. 1 Whether the defendants should be granted relief from sanctions for late service of their costs budget under CPR 3.14
  2. 2 Whether the default rule under CPR 3.14 (budget limited to court fees) should apply

Ratio Decidendi

The breach was serious and significant, there was no good reason for the default, and the application for relief was not made promptly. Considering all the circumstances, including the need for efficient litigation and compliance with rules, it was not appropriate to grant relief from sanctions. The defendants are to be treated as having filed a costs budget limited to court fees under CPR 3.14.

Court Disposition

Application for relief from sanctions refused. Defendants' costs budget limited to court fees under CPR 3.14.

Orders

  • Defendants to be treated as having filed a costs budget comprising only the applicable court fees pursuant to CPR 3.14.