Less & Ors v Benedict [2005] EWHC 1643 (Ch) (25 July 2005)

Less & Ors v Benedict [2005] EWHC 1643 (Ch) (25 July 2005)

The appeal was dismissed because the appellants had the means to progress the assessment and ensure a timely hearing, the delay did not amount to a breach of Article 6 or abuse of process, any defects in service were cured by re-service, and no further sanction beyond disallowance of interest was justified.

Citation
[2005] EWHC 1643 (Ch)
Parties
Appellants: Less & Others; Respondent: Benedict
Jurisdiction
England and Wales
Judgment Date
25 July 2005
Procedural Posture
Appeal (costs Assessment) / Appeal From Supreme Court Costs Office Decision to High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Detailed Assessment of Costs, Delay in Proceedings, Article 6 ECHR (right to Fair Trial), Abuse of Process, Service of Notice of Commencement, Sanctions for Delay
Civil Procedure Costs Detailed Assessment of Costs Delay in Proceedings Article 6 ECHR (right to Fair Trial) Abuse of Process Service of Notice of Commencement Sanctions for Delay

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Parties

Less & Others

Appellants

Benedict

Respondent

Procedural Posture

Appeal (costs Assessment) / Appeal From Supreme Court Costs Office Decision to High Court (chancery Division)

Legal Issues

  1. 1 Whether excessive delay in costs assessment proceedings violates Article 6 ECHR
  2. 2 Whether delay constitutes abuse of process justifying strike out or stay
  3. 3 Whether improper service of notice of commencement invalidates proceedings

Ratio Decidendi

The appeal was dismissed because the appellants had the means to progress the assessment and ensure a timely hearing, the delay did not amount to a breach of Article 6 or abuse of process, any defects in service were cured by re-service, and no further sanction beyond disallowance of interest was justified.

Court Disposition

Appeal dismissed

Orders

  • No further sanction imposed beyond disallowance of interest between 21 May 2001 and 14 December 2004
  • Detailed assessment to proceed