Blog - Monday 16 September 2013

Late Summer Sun 

My apologies for the lack of blog posts recently, last week I was sailing around several small Greek islands. The tough life of a modern day costs cad.

However its back to work with a bang this week. Tomorrow, I have an Application where the Defendant is attempting to set aside a £700k DCC (Default Costs Certificate). It seems, whoever loses, is likely to appeal given the significant sums involved.  It will be very interesting hearing.

In my absence, there was a first instance decision involving CPR 3.9 – Application for Relief from Sanctions which Counsel dealt with for me.  C failed to comply with any of PD 32.5(c) and (d) supplementing CPR 47 (as it was pre 01.04.13).  Four breaches in all.  C filed and served a witness statement of their costs draftsman stating she had never complied with the rules and it wasn’t her practice to do so.  C’s Solicitor filed and served a witness statement stating he was unaware that CPR 47 and the accompanying PD’s to the same (pre 01.04.13) still applied to CFA/ATE cases post 01.04.13.

The SCCO granted relief.  Amazing.  I can hear L J Jackson’s sigh of disappointment already. This is how the Woolf Reforms were watered down, not with a bang but with a wimper*

* - utter plagiarism of someone much cleverer than I.