Azure East Midlands Ltd v Manchester Airport Group (Rev 1) [2014] EWHC 1644 (TCC) (07 May 2014)

Azure East Midlands Ltd v Manchester Airport Group (Rev 1) [2014] EWHC 1644 (TCC) (07 May 2014)

The two-day delay in serving the costs budget was a trivial and insignificant breach in the context of a seven-day period, caused no prejudice to the defendant, and did not disrupt the court's timetable. Relief from sanction was therefore granted under CPR 3.14, allowing the claimant to rely on its costs budget as served and filed.

Citation
[2014] EWHC 1644 (TCC)
Parties
Claimant: Azure East Midlands Limited; Defendant: Manchester Airport Group Property Developments Ltd
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Civil / Adjourned Case Management Conference and Cost Management Hearing
Outcome
Relief from sanction granted; claimant entitled to rely on its costs budget as served and filed.
Legal Topics
Relief From Sanctions, Costs Management, Late Filing of Costs Budget, Trivial Breach, CPR 3.13, CPR 3.14
Civil Procedure Relief From Sanctions Costs Management Late Filing of Costs Budget Trivial Breach CPR 3.13 CPR 3.14

Case Brief

Summary, issues, holding and outcome

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Parties

Azure East Midlands Limited

Claimant

Manchester Airport Group Property Developments Ltd

Defendant

Procedural Posture

Civil / Adjourned Case Management Conference and Cost Management Hearing

Legal Issues

  1. 1 Whether the claimant's two-day delay in serving its costs budget warranted relief from sanctions under CPR 3.14
  2. 2 Whether the breach was trivial or significant under the principles in Mitchell v News Group Newspapers Ltd

Ratio Decidendi

The two-day delay in serving the costs budget was a trivial and insignificant breach in the context of a seven-day period, caused no prejudice to the defendant, and did not disrupt the court's timetable. Relief from sanction was therefore granted under CPR 3.14, allowing the claimant to rely on its costs budget as served and filed.

Court Disposition

Relief from sanction granted; claimant entitled to rely on its costs budget as served and filed.

Orders

  • Claimant granted relief from sanction under CPR 3.14.
  • Claimant may rely on its costs budget as served and filed.