BMCE Bank International Plc v Phoenix Commodities PVT Ltd [2018] EWHC 3380 (Comm)



Judge: Bryan J.

Citation: [2018] EWHC 3380 (Comm)

Summary:

Relief from sanctions was refused where the Defendants were two weeks late in filing their budget and provided no good reason for lateness.

Longer Text:

Where Defendants to a claim in the Commercial Court were two weeks late in filing their costs budget, the Court refused to “order otherwise” under CPR Rule 3.14.  The Judge stating:

This is an archetypal case where it would not be appropriate to grant relief from sanctions.  There was a serious breach without good reason, followed by a very late application to seek relief, and a consideration of all the circumstances demonstrates that it is not an appropriate case for relief.  The failure to comply with the rules has prevented the litigation being conducted efficiently and at proportionate cost, there is a need to enforce compliance with the rules of the CPR in relation to costs budgeting, and on a consideration of all the circumstances relied upon it is not appropriate to grant relief from sanctions…” [71]

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