A round-up of some recent cases — March 2014
By Miranda Whiteley
The issue of a claim form, and not the service of it, begins proceedings and gives the court jurisdiction to order costs of and incidental to those proceedings. Where a claim is issued in order to protect time, the protocol correspondence between the parties that follows can lead to costs consequences if the claim is subsequently abandoned (Clydesdale Bank plc v Kinleigh Folkard & Hayward).
An order imposing a stay for a failure to provide security for costs was a sanction from which the claimant was required to seek relief. The term ‘sanction’ in CPR 3.9 includes any consequence that is adverse to the party to whom it applies. However, not all sanctions are equal and they should not be treated as equivalent to one another — there is a significant difference between an order that specifies the consequence that proceedings are to be stayed if security for costs is not provided by a specified date and an order that unless security is provided by a specified date the claim will be struck out (Summit Navigation Ltd v Generali Romania Asigurare Reasigurare SA Ardaf SA)…
Click on the link below to read the rest of the Mills & Reeve briefing.
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