Long v Value Properties Ltd & Anor [2014] EWHC 2981 (Ch) (30 September 2014)

Long v Value Properties Ltd & Anor [2014] EWHC 2981 (Ch) (30 September 2014)

The further information required by CPR 47PD.32.7 must be served at the same time as the notice of commencement and bill of costs; failure to do so is a breach. However, the applicable sanction for late service is under CPR r.44.3B(1)(c), not the total disallowance under r.44.3B(1)(d). Even if the more severe sanction applied, the breach was neither serious nor significant, caused no real prejudice, and relief from sanction should be granted under CPR r.3.9.

Citation
[2014] EWHC 2981 (Ch)
Parties
Claimant/appellant: Norah Christina Long; First Defendant: Value Properties Limited; Second Defendant: Ocean Trade Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2014
Procedural Posture
Appeal From Senior Court Costs Office (costs Judge) / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Conditional Fee Agreements (cfa), Detailed Assessment of Costs, Practice Direction Compliance, Sanctions for Non Compliance
Civil Procedure Costs Relief From Sanctions Conditional Fee Agreements (cfa) Detailed Assessment of Costs Practice Direction Compliance Sanctions for Non Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Norah Christina Long

Claimant/appellant

Value Properties Limited

First Defendant

Ocean Trade Limited

Second Defendant

Procedural Posture

Appeal From Senior Court Costs Office (costs Judge) / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to serve further information required by CPR 47PD.32.7 at commencement of detailed assessment proceedings constitutes a breach
  2. 2 What is the applicable sanction for late service of such information under CPR r.44.3B(1)(c) or (d)
  3. 3 Whether relief from sanction should be granted under CPR r.3.9

Ratio Decidendi

The further information required by CPR 47PD.32.7 must be served at the same time as the notice of commencement and bill of costs; failure to do so is a breach. However, the applicable sanction for late service is under CPR r.44.3B(1)(c), not the total disallowance under r.44.3B(1)(d). Even if the more severe sanction applied, the breach was neither serious nor significant, caused no real prejudice, and relief from sanction should be granted under CPR r.3.9.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the claimant is entitled to relief from sanction for late service of further information under CPR 47PD.32.7.
  • The claimant's right to recover the success fee is not lost; detailed assessment to proceed.