Gregor Fisken Ltd v Carl [2021] EWHC B9 (Costs) (14 June 2021)

Gregor Fisken Ltd v Carl [2021] EWHC B9 (Costs) (14 June 2021)

The Claimant failed to effect valid service of the Notice of Commencement and Bill of Costs as required by the Civil Procedure Rules, having served the wrong person by the wrong method and at the wrong address. CPR 3.10 cannot be used to validate such fundamental defects in service, and there is no good reason to retrospectively validate service under CPR 6.27. The Claimant was not entitled to the Default Costs Certificate, which must be set aside under CPR 47.12(1).

Citation
[2021] EWHC B9 (Costs)
Parties
Claimant: Gregor Fisken Limited; Defendant: Mr Bernard Carl
Jurisdiction
England and Wales
Judgment Date
14 June 2021
Procedural Posture
Costs Assessment (detailed Assessment Proceedings) / Post Trial, Applications Regarding Service, Default Costs Certificate, and Stay Pending Appeal
Outcome
Default Costs Certificate set aside; applications for retrospective validation of service, extension of time, and stay refused.
Legal Topics
Service of Documents, Default Costs Certificate, Retrospective Validation of Service, Relief From Sanctions, Extension of Time, Stay of Proceedings
Civil Procedure Costs Service of Documents Default Costs Certificate Retrospective Validation of Service Relief From Sanctions Extension of Time Stay of Proceedings

Case Brief

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Parties

Gregor Fisken Limited

Claimant

Mr Bernard Carl

Defendant

Procedural Posture

Costs Assessment (detailed Assessment Proceedings) / Post Trial, Applications Regarding Service, Default Costs Certificate, and Stay Pending Appeal

Legal Issues

  1. 1 Whether the Claimant validly served the Notice of Commencement and Bill of Costs on the Defendant
  2. 2 Whether the Default Costs Certificate should be set aside under CPR 47.12(1)
  3. 3 Whether the court should retrospectively validate service under CPR 6.27

Ratio Decidendi

The Claimant failed to effect valid service of the Notice of Commencement and Bill of Costs as required by the Civil Procedure Rules, having served the wrong person by the wrong method and at the wrong address. CPR 3.10 cannot be used to validate such fundamental defects in service, and there is no good reason to retrospectively validate service under CPR 6.27. The Claimant was not entitled to the Default Costs Certificate, which must be set aside under CPR 47.12(1).

Court Disposition

Default Costs Certificate set aside; applications for retrospective validation of service, extension of time, and stay refused.

Orders

  • Default Costs Certificate dated 27 November 2020 set aside under CPR 47.12(1)
  • Claimant's application for retrospective validation of service refused