Azure East Midlands Ltd v Manchester Airport Group (Rev 1)

Azure East Midlands Ltd v Manchester Airport Group (Rev 1)

The claimant's breach in filing its costs budget two days late was trivial and caused no prejudice or disruption; relief from sanction is granted, allowing the claimant to rely on its costs budget.

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 may rely on its costs budget.
Legal Topics
Relief From Sanctions, Costs Management, Case Management, Non Compliance With Procedural Rules
Civil Procedure Relief From Sanctions Costs Management Case Management Non Compliance With Procedural Rules

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 late filing of its costs budget constitutes a trivial breach under CPR rules
  2. 2 Whether relief from sanction should be granted for late filing of costs budget

Ratio Decidendi

The claimant's breach in filing its costs budget two days late was trivial and caused no prejudice or disruption; relief from sanction is granted, allowing the claimant to rely on its costs budget.

Court Disposition

Relief from sanction granted; claimant may rely on its costs budget.

Orders

  • Claimant entitled to rely upon its costs budget as served and filed.
  • Transcript of ruling to be made available to parties at public expense.