Relief from sanctions has been granted to a law firm which filed its costs budget seven days late.
Sitting in Liverpool County Court, Judge Peter Gregory held that the district judge had been wrong to refuse relief in Murray v BAE Systems, a personal injury case. Thompsons, for the claimant, explained the delay was a genuine mistake due to poor communications between the solicitor involved and her predecessor.
District Judge Harrison had considered the delay both serious and significant. DAC Beachcroft, for the defendant, argued the length of delay distinguished the case from other cases where relief was granted.
Gordon Exall, of Zenith Chambers, acting for the claimant, countered that the judge had not properly addressed the materiality and significance of the breach since there was no knock-on effect to the timetable, as in the landmark sanctions case of Mitchell.
Judge Gregory said DH Harrison “should have given consideration to whereabouts, upon the scale of seriousness and significance, this case properly lies”.
