CPR 3.14 | Late Costs Budget | Relief From Sanctions Denied

HEATHFIELD INTERNATIONAL LLC V AXIOM STONE (LONDON) LTD

Another case of a party seeking relief from the sanction imposed by CPR 3.14 following the late filing of its costs budget.

Having initially failed to file its budget prior to the CCMC (which was then adjourned) D2 then failed to file it less than 21 days prior to the adjourned hearing. To compound matters, D2 then left it until the day before the adjourned date to file and serve its application for relief.

Finding that there had been “an abysmal approach on D2’s part to conducting this litigation efficiently” HHJ Simon Barker QC refused relief from sanctions resulting in D2 being treated as having filed a budget comprising only the applicable court fees.

“In my view D2’s conduct shows a persistent failure to engage with the obligation to provide a costs budget and a total failure to engage in discussion of or commentary on opposing parties’ budgets. Even in relation to the lateness by several days before the 30.4.20 CCMC D2 failed or refused [sic] recognise the seriousness of the failure. Even now there is no Precedent R report prepared by D2. On top of all of that there is a catalogue of other procedural and deadline failures and an apparent lack of comprehension of the overriding objective and responsibilities as a litigant.”

HEATHFIELD INTERNATIONAL LLC V AXIOM STONE (LONDON) LTD [2020] EWHC 1075 (CH)