Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor

Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor

The application to vary the costs budget fails the threshold test under CPR 3.15A because the alleged significant developments either occurred before the last approved costs budget or were not submitted promptly. The court has no jurisdiction to approve the variation, and discretion does not arise.

Parties
Claimant: Persimmon Homes Limited; Claimant: Taylor Wimpey UK Limited; Defendant: Osborne Clark LLP; Defendant: Osborne Clark (a firm)
Jurisdiction
England and Wales
Judgment Date
12 April 2021
Procedural Posture
Civil / Ruling on Application to Vary Costs Budget
Outcome
Application to vary costs budget dismissed
Legal Topics
Costs Management, Case Management, Disclosure, Variation of Costs Budget
Civil Procedure Professional Negligence Costs Management Case Management Disclosure Variation of Costs Budget

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Parties

Persimmon Homes Limited

Claimant

Taylor Wimpey UK Limited

Claimant

Osborne Clark LLP

Defendant

Osborne Clark (a firm)

Defendant

Procedural Posture

Civil / Ruling on Application to Vary Costs Budget

Legal Issues

  1. 1 Whether there was a significant development in litigation warranting revision of the costs budget under CPR 3.15A
  2. 2 Whether the application to vary the costs budget was submitted promptly as required by CPR 3.15A
  3. 3 Whether the court should exercise discretion to approve, vary, or disallow the proposed variations

Ratio Decidendi

The application to vary the costs budget fails the threshold test under CPR 3.15A because the alleged significant developments either occurred before the last approved costs budget or were not submitted promptly. The court has no jurisdiction to approve the variation, and discretion does not arise.

Court Disposition

Application to vary costs budget dismissed

Orders

  • Application to vary costs budget is dismissed
  • Parties invited to agree an order including costs