Henderson and Jones Limited v Stargunter Limited & Anor

Henderson and Jones Limited v Stargunter Limited & Anor

The breach by Stargunter was neither serious nor significant as it did not materially disrupt the proceedings; there was no good reason for the default, but considering all the circumstances, including prompt action and lack of prejudice, relief from sanctions was granted and Stargunter was permitted to rely on its second costs budget.

Parties
Claimant: Henderson and Jones Limited; First Defendant: Stargunter Limited; Second Defendant: Rudgard City Limited (in liquidation)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Construction/costs Management / Costs and Case Management Conference (ccmc); Application for Relief From Sanctions
Outcome
Application for relief from sanctions granted; Stargunter permitted to rely on its second costs budget dated 20 June 2023.
Legal Topics
Relief From Sanctions, Costs Budgeting, Civil Procedure Rules (cpr) Compliance, Case Management
Civil Procedure Construction Law Relief From Sanctions Costs Budgeting Civil Procedure Rules (cpr) Compliance Case Management

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Parties

Henderson and Jones Limited

Claimant

Stargunter Limited

First Defendant

Rudgard City Limited (in liquidation)

Second Defendant

Procedural Posture

Civil Construction/costs Management / Costs and Case Management Conference (ccmc); Application for Relief From Sanctions

Legal Issues

  1. 1 Whether Stargunter Limited should be granted relief from sanctions for late and non-compliant service of costs budget under CPR 3.14
  2. 2 Whether a formal application for relief from sanctions is required under CPR 3.14
  3. 3 Application of the Denton three-stage test to the facts

Ratio Decidendi

The breach by Stargunter was neither serious nor significant as it did not materially disrupt the proceedings; there was no good reason for the default, but considering all the circumstances, including prompt action and lack of prejudice, relief from sanctions was granted and Stargunter was permitted to rely on its second costs budget.

Court Disposition

Application for relief from sanctions granted; Stargunter permitted to rely on its second costs budget dated 20 June 2023.

Orders

  • Stargunter granted relief from sanction under CPR 3.14.
  • Stargunter permitted to rely on costs budget dated 20 June 2023.