Lakhani & Anor v Mahmud & Ors [2017] EWHC 1713 (Ch) (05 July 2017)

Lakhani & Anor v Mahmud & Ors [2017] EWHC 1713 (Ch) (05 July 2017)

The judge was entitled to find the breach serious given the reduced effective time for agreement, the distraction caused by the late application, and the lack of reasonable excuse; the decision was within the judge's discretion and not plainly wrong.

Citation
[2017] EWHC 1713 (Ch)
Parties
Claimants/respondents: Jagdish Lakhani and another; Defendants/appellants: Ibrahim Sheikh Abadullah Mahmud and others
Jurisdiction
England and Wales
Judgment Date
05 July 2017
Procedural Posture
Appeal / Appeal From County Court Decision on Relief From Sanctions Under CPR 3.14
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Costs Budgeting, Non Compliance With Court Orders, CPR 3.14, Case Management
Civil Procedure Relief From Sanctions Costs Budgeting Non Compliance With Court Orders CPR 3.14 Case Management

Case Brief

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Parties

Jagdish Lakhani and another

Claimants/respondents

Ibrahim Sheikh Abadullah Mahmud and others

Defendants/appellants

Procedural Posture

Appeal / Appeal From County Court Decision on Relief From Sanctions Under CPR 3.14

Legal Issues

  1. 1 Whether the judge erred in refusing relief from sanctions for late filing of costs budget under CPR 3.14
  2. 2 Whether the breach was serious or significant
  3. 3 Whether there was a reasonable excuse for the default

Ratio Decidendi

The judge was entitled to find the breach serious given the reduced effective time for agreement, the distraction caused by the late application, and the lack of reasonable excuse; the decision was within the judge's discretion and not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Defendants refused relief from sanctions for late filing of costs budget under CPR 3.14
  • Defendants limited to recovering court fees only if successful at trial