Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) (19 July 2023)

Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) (19 July 2023)

The breach was neither serious nor significant as it caused no material disruption to proceedings; there was no good reason for the default, but all circumstances justified relief, including prompt application, isolated mistake, and cooperation between parties. Relief from sanctions was granted, allowing Stargunter to rely on its second costs budget.

Citation
[2023] EWHC 1849 (TCC)
Parties
Claimant: Henderson and Jones Limited; First Defendant: Stargunter Limited; Second Defendant: Rudgard City Limited (in liquidation)
Jurisdiction
England and Wales
Judgment Date
19 July 2023
Procedural Posture
Costs and Case Management Conference / Application for Relief From Sanctions Regarding Late Costs Budget
Outcome
Relief from sanctions granted; Stargunter permitted to rely on second costs budget.
Legal Topics
Relief From Sanctions, Costs Budgeting, CPR Compliance, Assignment of Contractual Rights
Civil Procedure Construction Law Relief From Sanctions Costs Budgeting CPR Compliance Assignment of Contractual Rights

Case Brief

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Parties

Henderson and Jones Limited

Claimant

Stargunter Limited

First Defendant

Rudgard City Limited (in liquidation)

Second Defendant

Procedural Posture

Costs and Case Management Conference / Application for Relief From Sanctions Regarding Late Costs Budget

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late service of costs budget under CPR 3.14
  2. 2 Whether a formal application for relief is required
  3. 3 Assessment of seriousness and significance of procedural default

Ratio Decidendi

The breach was neither serious nor significant as it caused no material disruption to proceedings; there was no good reason for the default, but all circumstances justified relief, including prompt application, isolated mistake, and cooperation between parties. Relief from sanctions was granted, allowing Stargunter to rely on its second costs budget.

Court Disposition

Relief from sanctions granted; Stargunter permitted to rely on second costs budget.

Orders

  • Stargunter may rely on costs budget dated 20 June 2023.
  • Parties to serve revised budgets reflecting adjustments.