THE COURT DIDN’T TELL ME TO FILE PRECEDENT H! WHAT HAPPENS WHEN THE PARTIES FAIL TO FILE COSTS BUDGETS BECAUSE OF BEING MISLED BY A COURT FORM?

A few words from the professionals

Civil Litigation Brief

The penalties for failing to file Precedent H in time are draconian.  What happens if the parties do not file Precedent H because they are misled by the court directions? In Aliasghas Porbanderwalla –v- Daybridge Ltd HH Judge Worster allowed an appeal against an order limiting both parties to Court fees when they had been misled by the form sent out by the court. Some interesting comments were made about relief from sanctions.

 (ALIASGHAR PORBANDERWALLA –V- DAYBRIDGE LIMITED (30/1/2014 HHJ Worster Birmingham CC) Transcript available here.)

THE EVENTS LEADING UP TO THE APPEAL

  • The Claimant issued the Claim Form on the 18th April 2013.
  • On the 28th May 2013 a Notice of Proposed Allocation to the Multi-Track (N149C) was sent to both parties. This provided :

“It appears that this case is suitable for allocation to the multi track. If you believe that this track is not…

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