Mott & Anor v Long & Anor [2017] EWHC 2130 (TCC) (02 August 2017)

Mott & Anor v Long & Anor [2017] EWHC 2130 (TCC) (02 August 2017)

The breach in filing the costs budget 10 days late was serious or significant, particularly as it prejudiced the cooperative process intended by the rules. The defendants failed to establish a good reason for the default, as the evidence of IT difficulties was insufficient. However, considering all the circumstances, including the need for a revised costs budget following the court's directions and the parties' current procedural position, relief from sanction was granted, subject to the defendants paying the claimants' costs of the application.

Citation
[2017] EWHC 2130 (TCC)
Parties
Claimant: Jonathan and Helen Mott; Defendant: Wayne and Syreeta Long
Jurisdiction
England and Wales
Judgment Date
02 August 2017
Procedural Posture
Application for Relief From Sanctions / Post Case Management Conference, Application for Relief From Sanction Due to Late Filing of Costs Budget
Outcome
Relief from sanction granted to the defendants for late filing of costs budget.
Legal Topics
Relief From Sanctions, Costs Budgeting, Late Filing, Case Management, Civil Procedure Rules (cpr)
Civil Procedure Relief From Sanctions Costs Budgeting Late Filing Case Management Civil Procedure Rules (cpr)

Case Brief

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Parties

Jonathan and Helen Mott

Claimant

Wayne and Syreeta Long

Defendant

Procedural Posture

Application for Relief From Sanctions / Post Case Management Conference, Application for Relief From Sanction Due to Late Filing of Costs Budget

Legal Issues

  1. 1 Whether the defendants should be granted relief from sanction for filing their costs budget 10 days late under CPR 3.9

Ratio Decidendi

The breach in filing the costs budget 10 days late was serious or significant, particularly as it prejudiced the cooperative process intended by the rules. The defendants failed to establish a good reason for the default, as the evidence of IT difficulties was insufficient. However, considering all the circumstances, including the need for a revised costs budget following the court's directions and the parties' current procedural position, relief from sanction was granted, subject to the defendants paying the claimants' costs of the application.

Court Disposition

Relief from sanction granted to the defendants for late filing of costs budget.

Orders

  • Defendants granted relief from sanction and permitted to rely on their costs budget.
  • Defendants to pay the claimants' costs of and occasioned by the application.