The second to fifth defendants (“the defendants”) in this case applied to set aside a default costs certificate which the claimant had obtained in the sum of US$3,730,290.
Relief from sanctions was refused to the second Defendant (“D2”) in this case following the late filing of its costs budget.
Having initially failed to file its budget prior to the CCMC (which was 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 CCMC 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 result in D2 being treated as having filed a budget comprising only the applicable court fees.