The judgment of Coulson J in Freeborn v
Marcal [2017] EWHC 3046 (TCC) encourages careful
consideration of whether or not to insist on an application for
relief from sanctions.
The Defendant served its costs budget fewer than 21 days before
the CMC, being the time limit which applies by virtue of the
current version of CPR 3.13, "unless the court orders
otherwise".
It did so in reliance on a letter from the Court, which, as
found by the judge, had the effect of varying that time limit to
one of 7 days.
The Judge therefore held that there was no breach of CPR 3.13,
and would in any event have granted relief from sanctions.
The Judge was critical of the Claimant's
"pedantic" point about the court's letter and of its
stance that the Defendant was required to apply for relief from
sanctions if its budget was not to be treated as one limited to
court fees. He ordered the Claimant to pay the Defendant's
costs of the application.
