Rashid Hyder v Robert Aidat-Sarran & Anor

Rashid Hyder v Robert Aidat-Sarran & Anor

Relief from sanction is granted as the breach was not serious or significant; however, due to multiple egregious and persistent failures in the bills and lack of rectification or contrition by claimant's solicitors, a severe sanction is warranted under CPR 44.11, resulting in a 75% reduction of the claimant's bill rather than strikeout.

Parties
Claimant: Rashid Hyder; Defendant: Robert Aidat-Sarran; Defendant: Humwattie Aidat-Sarran
Jurisdiction
England and Wales
Judgment Date
11 March 2025
Procedural Posture
Costs Application / Judgment on Applications for Relief From Sanction and Strikeout Under CPR 44.11
Outcome
Relief from sanction granted; 75% of claimant's bill disallowed under CPR 44.11; interest on costs disallowed from 30 July to agreed date for redrawn bill.
Legal Topics
Relief From Sanction, Strikeout, Costs Assessment, CPR 44.11, Professional Conduct
Civil Procedure Relief From Sanction Strikeout Costs Assessment CPR 44.11 Professional Conduct

Case Brief

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Parties

Rashid Hyder

Claimant

Robert Aidat-Sarran

Defendant

Humwattie Aidat-Sarran

Defendant

Procedural Posture

Costs Application / Judgment on Applications for Relief From Sanction and Strikeout Under CPR 44.11

Legal Issues

  1. 1 Whether relief from sanction should be granted for late service of bill of costs
  2. 2 Whether claimant's bill of costs should be struck out or subjected to lesser sanction under CPR 44.11

Ratio Decidendi

Relief from sanction is granted as the breach was not serious or significant; however, due to multiple egregious and persistent failures in the bills and lack of rectification or contrition by claimant's solicitors, a severe sanction is warranted under CPR 44.11, resulting in a 75% reduction of the claimant's bill rather than strikeout.

Court Disposition

Relief from sanction granted; 75% of claimant's bill disallowed under CPR 44.11; interest on costs disallowed from 30 July to agreed date for redrawn bill.

Orders

  • Relief from sanction for late service of bill of costs granted.
  • 75% of claimant's bill disallowed; claimant to recover only 25% of assessed costs.