Long v Value Properties Ltd & Anor

Long v Value Properties Ltd & Anor

The obligation to serve Further Information arises at the commencement of detailed assessment proceedings by necessary implication; however, the applicable sanction for late provision is under CPR r.44.3B(1)(c), not r.44.3B(1)(d); even if the more severe sanction applied, relief from sanction should be granted as the breach was neither serious nor significant and all circumstances justify relief.

Parties
Claimant/appellant: Norah Christina Long; First Defendant/respondent: Value Properties Limited; Second Defendant/respondent: Ocean Trade Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2014
Procedural Posture
Appeal / Judgment on Appeal From Senior Court Costs Office
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Conditional Fee Agreements, Detailed Assessment Proceedings, Practice Direction Compliance
Civil Procedure Costs Relief From Sanctions Conditional Fee Agreements Detailed Assessment Proceedings Practice Direction Compliance

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Parties

Norah Christina Long

Claimant/appellant

Value Properties Limited

First Defendant/respondent

Ocean Trade Limited

Second Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Senior Court Costs Office

Legal Issues

  1. 1 Whether breach of CPR occurred by failing to provide Further Information at commencement of detailed assessment proceedings
  2. 2 What is the applicable sanction for such breach
  3. 3 Whether relief from sanction should be granted

Ratio Decidendi

The obligation to serve Further Information arises at the commencement of detailed assessment proceedings by necessary implication; however, the applicable sanction for late provision is under CPR r.44.3B(1)(c), not r.44.3B(1)(d); even if the more severe sanction applied, relief from sanction should be granted as the breach was neither serious nor significant and all circumstances justify relief.

Court Disposition

Appeal allowed

Orders

  • Relief from sanction granted; claimant entitled to recover success fees subject to detailed assessment.
  • Applicable sanction is under CPR r.44.3B(1)(c), not r.44.3B(1)(d).