Mott & Anor v Long & Anor

Mott & Anor v Long & Anor

The breach was serious or significant due to the loss of time for cooperation, but in all the circumstances, including the need for a revised costs budget and the parties' current procedural position, relief from sanction should be granted, subject to the defendants paying the claimants' costs of the application.

Parties
Claimant: Jonathan and Helen Mott; Defendant: Wayne and Syreeta Long
Jurisdiction
England and Wales
Judgment Date
02 August 2017
Procedural Posture
Civil / Application for Relief From Sanction
Outcome
Relief from sanction granted
Legal Topics
Relief From Sanctions, Costs Budgeting, Case Management
Civil Procedure Relief From Sanctions Costs Budgeting Case Management

Case Brief

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Parties

Jonathan and Helen Mott

Claimant

Wayne and Syreeta Long

Defendant

Procedural Posture

Civil / Application for Relief From Sanction

Legal Issues

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

Ratio Decidendi

The breach was serious or significant due to the loss of time for cooperation, but in all the circumstances, including the need for a revised costs budget and the parties' current procedural position, relief from sanction should be granted, subject to the defendants paying the claimants' costs of the application.

Court Disposition

Relief from sanction granted

Orders

  • Defendants to pay the claimants’ costs of and occasioned by the application for relief from sanction