The High Court has allowed a case to continue despite a party failing to turn up for a directions hearing, and post-Denton, is another expression of leniency by the court in relation to parties seeking relief from sanctions
In this case, which provides a useful example of cost assessment in cases where there are two parties and part 36 offers, the court found negligence on the part of a doctor and football club in a claim brought by a professional football player
The High Court has highlighted some common issues that arise in costs management, and given general guidance on completing costs budgets
It may be reasonable for a party incurring costs to spare no expense in a case where large amounts of money are at stake, says Mr Justice Leggatt.
High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, in one of the clearest applications of the new proportionality rule seen so far
The court considered to what extent the Mitchell/Denton principles apply to applications by defendants to set aside judgments. The principles are highly applicable when it comes to considering the delay in making the application to set aside.
High Court refuses to make a costs-capping order 10 days before trial, saying that the case was too close to trial and the defendant had already spent so much at a level that a detailed assessment was inevitable.
An offer of settlement had a major impact on costs even though it was not a valid part 36 offer and the claimant did better at trial.
Court of Appeal rules on limits of power under CPR 52.9A to limit costs of appeals in proceedings where recovery is normally restricted.
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.