Wain v Gloucestershire County Council & Ors

Wain v Gloucestershire County Council & Ors

The fourth defendant's breach in late filing the costs budget was trivial and inconsequential; relief from sanctions was granted under CPR rule 3.14, allowing reliance on the costs budget as served.

Parties
Claimant: WAIN; Defendant: GLOS CC; Defendant: ATKINS; Defendant: GLOS HIGHWAYS; Defendant: TEASDALE
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Civil / Case Management Conference and Costs Management Hearing
Outcome
relief from sanctions granted
Legal Topics
Costs Management, Relief From Sanctions, Late Filing, CPR Rule 3.14
Civil Procedure Costs Management Relief From Sanctions Late Filing CPR Rule 3.14

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

WAIN

Claimant

GLOS CC

Defendant

ATKINS

Defendant

GLOS HIGHWAYS

Defendant

TEASDALE

Defendant

Procedural Posture

Civil / Case Management Conference and Costs Management Hearing

Legal Issues

  1. 1 Whether the fourth defendant's late filing of costs budget warrants relief from sanctions under CPR rule 3.14
  2. 2 Whether the breach was trivial or significant
  3. 3 Whether prior breaches affect the relief application

Ratio Decidendi

The fourth defendant's breach in late filing the costs budget was trivial and inconsequential; relief from sanctions was granted under CPR rule 3.14, allowing reliance on the costs budget as served.

Court Disposition

relief from sanctions granted

Orders

  • The fourth defendant is entitled to rely upon her costs budget as served.
  • A transcript of the ruling to be made available to the parties at public expense.