Blog - Wednesday 24 July 2013

Sanctions Roulette

Forget the Courts stricter new approach to the Rules – currently for costs hearings, its utter roulette.  

D (Defendant) files Points 2 weeks late (despite an extension).  C (Claimant) points out CPR 47.9(3) and states 3 times in 3 separate pieces of correspondence over several months leading up to the Detailed Assessment (DA), that D needs to make an Application for permission to rely upon the Points and be heard at the DA.

D says no, the CPR doesn’t mean that and no Application is needed.  SCCO finds that the CPR does require an Application, D is wrong, but it will allow D to make an oral Application at the DA.  D’s oral Application has the substance/plot/constitution of a Mr Men book.  No explanation for the failure to comply with the Rules, no evidence provided.  Court allows D to rely upon the Points and make submissions at the DA.

Do not fear readers, I still won the DA… but what is the point of LJ Jackson flying to Singapore if the SCCO still allow this amateur and sub-standard conduct without sanctions?

Appeal, Appeal I hear someone shouting (probably me).  I think I just might.