Costs Budgeting II (The Sequel): No More Horror Stories? - Tom Gibson, Outer Temple Chambers
02/03/14. The High Court has ruled that a costs budget containing the “[Statement of Truth]” error should not be struck out – and indeed that a strike out for this reason would “bring the rules of procedure and the law generally into disrepute” (per Stuart-Smith J in The Governor & Company of the Bank of Ireland & Anr v Philip Pank Partnership [2014] EWHC 284 (TCC)).
Case Background
This case, in the Technology and Construction Court, involved a claimant whose costs budget had exactly the same “[Statement of Truth]” error that featured in the first article on this topic (http://www.pibriefupdate.com/content/law-journal-summaries/news-category-2-53514/2250-a-costs-budgeting-horror-story-tom-gibson-outer-temple-chambers).
Aside from this error, the Claimant’s budget had been filed in time. The Defendant pointed out the Claimant’s error 2 days before the CMC, prompting an application from the Claimant for relief from sanctions, if the Court did not accept that a valid budget had been...
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