Freeborn & Anor v Marcal (t/a Dan Marcal Architects)

Freeborn & Anor v Marcal (t/a Dan Marcal Architects)

The defendant was entitled to rely on the court office letter as a court order varying the default deadline under CPR 3.13, so no relief from sanctions was required. Even if relief was required, it would have been granted as the breach was not serious or significant, there was a good reason for the delay, and no prejudice was caused to the claimants.

Parties
Claimant: Mr Philip Freeborn; Claimant: Ms Christina Goldie; Defendant: Mr Daniel Robert de Almeida Marcal (t/a Dan Marcal Architects)
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Civil / Application for Relief From Sanctions at Case Management Conference
Outcome
Application dismissed; costs awarded to defendant
Legal Topics
Relief From Sanctions, Costs Budgets, Case Management, Civil Procedure Rules (cpr) Compliance
Civil Procedure Relief From Sanctions Costs Budgets Case Management Civil Procedure Rules (cpr) Compliance

Case Brief

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Parties

Mr Philip Freeborn

Claimant

Ms Christina Goldie

Claimant

Mr Daniel Robert de Almeida Marcal (t/a Dan Marcal Architects)

Defendant

Procedural Posture

Civil / Application for Relief From Sanctions at Case Management Conference

Legal Issues

  1. 1 Whether the defendant was required to apply for relief from sanctions for late service of costs budget
  2. 2 Whether the court office letter constituted an order varying CPR 3.13
  3. 3 Whether relief from sanctions should be granted if required

Ratio Decidendi

The defendant was entitled to rely on the court office letter as a court order varying the default deadline under CPR 3.13, so no relief from sanctions was required. Even if relief was required, it would have been granted as the breach was not serious or significant, there was a good reason for the delay, and no prejudice was caused to the claimants.

Court Disposition

Application dismissed; costs awarded to defendant

Orders

  • Claimants to pay the defendant's costs of and occasioned by the application, summarily assessed at £1,300