Entries by Toby Moreton

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Court Deprecates Paying Party’s Opportunistic Conduct In Detailed Assessment Proceedings

In Long v Value Properties Ltd & Ocean Trade Ltd , Mr Justice Barling allowed the claimant’s appeal from the decision of Costs Judge Master Rowley concerning a breach during detailed assessment. The underlying dispute over parking spaces was settled, with costs to be assessed. The claimant commenced assessment within time by serving a notice and bill under CPR r.47.6 but omitted further information required by Practice Direction 47PD.32.5(1)(c) and (d) and 47PD.32.7, namely the CFA and a statement of reasons for the success fee. The defendants raised this in points of dispute; the claimant served the documents late and applied for relief. Master Rowley found a breach, applied the sanction in CPR r.44.3B(1)(d) to disallow the entire success fee, and refused relief. On appeal, Barling J held the breach was established, as the Practice Direction implied the information must be served at commencement to ensure a fair process under the overriding objective, following Middleton v Vosper Thorneycroft (UK) Ltd. However, he found the applicable sanction was under CPR r.44.3B(1)(c) of the Civil Procedure Rules 1998, which imposes a graduated disallowance for the period of default, not the ‘all or nothing’ penalty under sub-paragraph (d). Alternatively, applying the *Denton v TH White Ltd* guidance to CPR r.3.9, he held the breach was neither serious nor significant, was remedied promptly, and caused minimal prejudice, while the defendants’ conduct was opportunistic. Relief would have been granted in full. The appeal was allowed, reversing the costs order below.