Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) (04 May 2020)

Heathfield International LLC v Axiom Stone (London) Ltd [2020] EWHC 1075 (Ch) (04 May 2020)

The Second Defendant's persistent failure to engage with costs budgeting, lack of adequate explanation for defaults, and repeated disregard for procedural rules and deadlines constituted a serious breach. Granting relief would undermine the overriding objective and the need to enforce compliance. The Second Defendant is to be treated as having filed a costs budget limited to applicable court fees under CPR 3.14.

Citation
[2020] EWHC 1075 (Ch)
Parties
Claimant: Heathfield International LLC; First Defendant: Axiom Stone (London) Limited; Second Defendant: Medecall Limited
Jurisdiction
England and Wales
Judgment Date
04 May 2020
Procedural Posture
Civil (business and Property Courts, Chancery Division) / Interlocutory Application—second Defendant's Application for Relief From Sanctions After Late Filing of Costs Budget
Outcome
Application for relief from sanctions refused. Second Defendant to be treated as having filed a costs budget limited to court fees.
Legal Topics
Relief From Sanctions, Costs Budgeting, CPR 3.13, CPR 3.14, CPR 3.9, Late Filing of Costs Budget
Civil Procedure Costs Relief From Sanctions Costs Budgeting CPR 3.13 CPR 3.14 CPR 3.9 Late Filing of Costs Budget

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Parties

Heathfield International LLC

Claimant

Axiom Stone (London) Limited

First Defendant

Medecall Limited

Second Defendant

Procedural Posture

Civil (business and Property Courts, Chancery Division) / Interlocutory Application—second Defendant's Application for Relief From Sanctions After Late Filing of Costs Budget

Legal Issues

  1. 1 Whether the Second Defendant should be granted relief from sanctions under CPR 3.14 for late filing of its costs budget
  2. 2 Whether the conduct of the Second Defendant justified full, partial, or no relief from the consequences of CPR 3.14

Ratio Decidendi

The Second Defendant's persistent failure to engage with costs budgeting, lack of adequate explanation for defaults, and repeated disregard for procedural rules and deadlines constituted a serious breach. Granting relief would undermine the overriding objective and the need to enforce compliance. The Second Defendant is to be treated as having filed a costs budget limited to applicable court fees under CPR 3.14.

Court Disposition

Application for relief from sanctions refused. Second Defendant to be treated as having filed a costs budget limited to court fees.

Orders

  • Second Defendant's costs budget is limited to applicable court fees under CPR 3.14.