Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018)

The master was wrong to apply the CPR 3.14 sanction to all phases, given the parties' agreement on costs for pre-trial phases. The sanction should only apply to phases not agreed. The appeal is allowed to the extent that the claimant's costs budget is restored for agreed phases, and limited to court fees for phases not agreed. Relief from sanction is granted in part, reflecting the parties' agreement and the overriding objective.

Citation: [2018] EWHC 2688 (QB)
Parties: Claimant and Appellant: Mr Justyn James Page; Defendant and Respondent: RGC Restaurants Limited
Jurisdiction: England and Wales
Judgment Date: 15 October 2018
Procedural Posture: Appeal / Judgment on Appeal From Costs Management Order
Outcome: appeal allowed in part
Legal Topics: Costs Budgeting, Relief From Sanctions, Case Management, CPR 3.14, CPR 3.9, Appeals

Civil Procedure Costs Costs Budgeting Relief From Sanctions Case Management CPR 3.14 CPR 3.9 Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Justyn James Page

Claimant and Appellant

RGC Restaurants Limited

Defendant and Respondent

Procedural Posture

Appeal / Judgment on Appeal From Costs Management Order

Legal Issues

1 Whether the claimant filed a costs budget within the meaning of CPR 3.14
2 Whether the master ought to have disapplied the sanction under CPR 3.14
3 Whether relief from sanctions should be granted for failure to file a compliant costs budget

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

The claimant's costs budget is restored for phases where figures were agreed between the parties.
For phases not agreed (trial preparation and trial), the claimant is limited to recovery of applicable court fees only.