Relief from sanctions granted where deadline missed by a few hours

Khandanpour v Chambers [2019] EWCA Civ 570

Relief from sanctions was granted in a case where the appellant had failed to meet the deadline for payment of a sum which had been a condition for setting aside a Default Costs Certificate. After ruling on the principles of appropriation it was held that payment deadline had been missed by just a few hours. This had “made no practical difference whatever” and “it would be disproportionate and unjust to deprive the appellant of an opportunity to challenge the Default Costs Certificate”.

KHANDANPOUR v CHAMBERS [2019] EWCA CIV 570