Utilise Tds Ltd v Davies & Ors [2014] EWHC 834 (Ch) (24 February 2014)

Utilise Tds Ltd v Davies & Ors [2014] EWHC 834 (Ch) (24 February 2014)

The breach by the claimant in filing the costs budget 41 minutes late was, viewed in isolation, a trivial breach. However, when considered alongside the claimant's further breach of failing to notify the court of the outcome of negotiations by the required deadline, and in the absence of any good reason or prompt application for relief, the District Judge was entitled to refuse relief from sanctions. The District Judge's decision was not wrong in law or principle, and her discretion was properly exercised in accordance with the robust approach mandated by the Jackson reforms and the Court of Appeal authorities.

Citation
[2014] EWHC 834 (Ch)
Parties
Claimant/appellant: Utilise TDS Limited; First Defendant/respondent: Neil Cranstoun Davies; Second Defendant/respondent: Second Defendant (Bolton College); Third Defendant/respondent: Watertrain Limited
Jurisdiction
England and Wales
Judgment Date
24 February 2014
Procedural Posture
Civil Appeal / Appeal From Refusal of Relief From Sanctions (cpr 3.14) by District Judge
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Costs Budgeting, Case Management, CPR 3.9, CPR 3.13, CPR 3.14, Trivial Breach, Promptness of Application
Civil Procedure Relief From Sanctions Costs Budgeting Case Management CPR 3.9 CPR 3.13 CPR 3.14 Trivial Breach +1 more

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Parties

Utilise TDS Limited

Claimant/appellant

Neil Cranstoun Davies

First Defendant/respondent

Second Defendant (Bolton College)

Second Defendant/respondent

Watertrain Limited

Third Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Relief From Sanctions (cpr 3.14) by District Judge

Legal Issues

  1. 1 Whether a trivial breach of a court order (late filing of costs budget by 41 minutes) justifies relief from sanctions under CPR 3.9
  2. 2 Whether multiple trivial breaches can be aggregated to constitute a non-trivial breach
  3. 3 Whether the District Judge erred in law in refusing relief from sanctions

Ratio Decidendi

The breach by the claimant in filing the costs budget 41 minutes late was, viewed in isolation, a trivial breach. However, when considered alongside the claimant's further breach of failing to notify the court of the outcome of negotiations by the required deadline, and in the absence of any good reason or prompt application for relief, the District Judge was entitled to refuse relief from sanctions. The District Judge's decision was not wrong in law or principle, and her discretion was properly exercised in accordance with the robust approach mandated by the Jackson reforms and the Court of Appeal authorities.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • Order of District Judge Matharu dated 2 January 2014 refusing relief from sanctions affirmed