Wain v Gloucestershire County Council & Ors [2014] EWHC 1274 (TCC) (02 April 2014)

The one-day delay in serving the costs budget was a trivial breach causing no prejudice or disruption, and thus relief from sanctions is granted under CPR rule 3.14, allowing the fourth defendant to rely on her costs budget as served.

Citation: [2014] EWHC 1274 (TCC)
Parties: Claimant: Wain; First Defendant: Glos CC; Second Defendant: Atkins; Third Defendant: Glos Highways; Fourth Defendant: Teasdale
Jurisdiction: England and Wales
Judgment Date: 02 April 2014
Procedural Posture: Civil / First Case Management Conference and Costs Management Hearing
Outcome: Relief from sanctions granted; fourth defendant entitled to rely on her costs budget as served.
Legal Topics: Relief From Sanctions, Costs Management, Late Filing of Costs Budgets, Trivial Breach, CPR Rule 3.14

Civil Procedure Relief From Sanctions Costs Management Late Filing of Costs Budgets Trivial Breach CPR Rule 3.14

Case Brief

Summary, issues, holding and outcome

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Parties

Wain

Claimant

Glos CC

First Defendant

Atkins

Second Defendant

Glos Highways

Third Defendant

Teasdale

Fourth Defendant

Procedural Posture

Civil / First Case Management Conference and Costs Management Hearing

Legal Issues

1 Whether the fourth defendant's late filing of her costs budget by one day warrants relief from sanctions under CPR rule 3.14
2 Whether the breach was trivial or significant
3 Whether there was good reason for the breach

Ratio Decidendi

Court Disposition

Relief from sanctions granted; fourth defendant entitled to rely on her costs budget as served.

Orders

Transcript of the ruling to be made available to the parties at public expense.