A round-up of some recent litigation cases
Failure to serve costs budget in time: where a party fails to file its Precedent H on time, the budget will be treated as comprising only court fees under CPR 3.14 unless the breach is trivial or there is good reason for it. Good reasons are likely to be those that arise from circumstances outside of the defaulting party’s control, such as a debilitating illness, accident or unexpected developments in the case that render the time for compliance unreasonable (Mitchell v News Group Newspapers Ltd).
Mediation and costs sanctions: the Court of Appeal held that a refusal to respond to an invitation to mediate is in itself unreasonable conduct that may merit a costs sanction (PFG II SA v OMFS Co Ltd).
Part 36 automatic costs consequences: the automatic costs consequences where a party beats its Part 36 offer under CPR 36.14 could properly be disapplied where the party’s responses to offers and correspondence had been peremptory, dismissive and unco-operative (Thinc Group Ltd v Kingdom)…
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