Robinson -Tait & Anor v Cataldo & Anor [2010] EWHC 90166 (Costs) (05 May 2010)

Robinson -Tait & Anor v Cataldo & Anor [2010] EWHC 90166 (Costs) (05 May 2010)

Relief against sanctions was granted because failures to comply with Costs Practice Direction were minor, caused no substantial prejudice, relevant information was disclosed informally, and mistakes were not intentional. The administration of justice was not jeopardized and structured decision-making per CPR 3.9 required consideration of all circumstances.

Citation
[2010] EWHC 90166 (Costs)
Parties
First Claimant: Carola Robinson-Tait; Second Claimant (by His Mother and Litigation Friend, Carola Robinson Tait): Julian Robinson-Tait; First Defendant: Giovanni Cataldo; Second Defendant: Phaedra Cataldo Markham
Jurisdiction
England and Wales
Judgment Date
05 May 2010
Procedural Posture
Costs Application / Application for Relief Against Sanctions
Outcome
Relief against sanctions granted to Claimants.
Legal Topics
Relief Against Sanctions, Notice of Funding, Conditional Fee Agreements, After the Event Insurance, Costs Practice Direction
Civil Procedure Costs Relief Against Sanctions Notice of Funding Conditional Fee Agreements After the Event Insurance Costs Practice Direction

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Parties

Carola Robinson-Tait

First Claimant

Julian Robinson-Tait

Second Claimant (by His Mother and Litigation Friend, Carola Robinson Tait)

Giovanni Cataldo

First Defendant

Phaedra Cataldo Markham

Second Defendant

Procedural Posture

Costs Application / Application for Relief Against Sanctions

Legal Issues

  1. 1 Whether relief against sanctions should be granted for failure to comply with Costs Practice Direction regarding Notice of Funding for ATE insurance and CFAs

Ratio Decidendi

Relief against sanctions was granted because failures to comply with Costs Practice Direction were minor, caused no substantial prejudice, relevant information was disclosed informally, and mistakes were not intentional. The administration of justice was not jeopardized and structured decision-making per CPR 3.9 required consideration of all circumstances.

Court Disposition

Relief against sanctions granted to Claimants.

Orders

  • Claimants granted full relief against sanctions for failures in Notice of Funding.
  • Date fixed for hearing argument as to costs unless agreed; provisional appointment for detailed assessment of bill.