Robinson -Tait & Anor v Cataldo & Anor

Robinson -Tait & Anor v Cataldo & Anor

Relief against sanctions was granted because the failures to comply with the Costs Practice Direction were minor, caused no substantial prejudice to the Defendants, and the main information was disclosed informally within months. The mistakes were not intentional and did not jeopardise the administration of justice.

Parties
First Claimant: Carola Robinson-Tait; Second Claimant: Julian Robinson-Tait (by his Mother and Litigation Friend, Carola Robinson-Tait); First Defendant: Giovanni Cataldo; Second Defendant: Phaedra Cataldo Markham
Jurisdiction
England and Wales
Judgment Date
05 May 2010
Procedural Posture
Costs Application / Judgment on Applications 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 (by his Mother and Litigation Friend, Carola Robinson-Tait)

Second Claimant

Giovanni Cataldo

First Defendant

Phaedra Cataldo Markham

Second Defendant

Procedural Posture

Costs Application / Judgment on Applications for Relief Against Sanctions

Legal Issues

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

Ratio Decidendi

Relief against sanctions was granted because the failures to comply with the Costs Practice Direction were minor, caused no substantial prejudice to the Defendants, and the main information was disclosed informally within months. The mistakes were not intentional and did not jeopardise the administration of justice.

Court Disposition

Relief against sanctions granted to Claimants.

Orders

  • Claimants granted full relief against sanctions for failures to comply with Costs Practice Direction.
  • Date fixed for hearing argument as to the cost of these applications, provisionally appointed for 2 consecutive days commencing Thursday 17 June 2010, starting at 11 a.m. each day.