Wigg & Co - delay in lodging bill and sanctions
Call us on 01892 529518. Experience counts.
Botham, -v- Kahn; Lamb -v- Kahn (20014) EWHC (QB).
"The Claimants applied for proceedings for the assessment of costs to be
struck out or stayed on the grounds of delay or alternatively for the costs
of the Defendant to be disallowed under CPR Rule 44.14 (1) for failure to
initiate the assessment proceedings within 3 months, or failing to certify
the Bill of Costs in mandatory form, or both."
"Held to impose the Sanction of disallowance pursuant to CPR Rule 44.14 on
grounds of misconduct would be disproportionate. Claim for delay was not all
on the side of the Defendant. There was culpable delay on the part of the
Defendant but the Claimants themselves had the right to apply under CPR Rule
47.8 (1) for an Order requiring the Defendant to commence Detailed
Assessment of the Defendant's costs, although the process would be more
difficult than if it had been carried out on a timely basis."
"The only safe course for a paying party is to obtain an Unless Order under
CPR Rule 47.8 (1). Failing this, the only sanction the Court can impose is
to disallow interest, unless it can be persuaded that the delay amounts to
misconduct, which is most unlikely.
News/Case Law menu