Mitchell v News Group Newspapers Ltd  EWHC 2355 (QB) (01 August 2013)
The Claimant had failed to engage in attempts to discuss budgets and budgetary assumptions and failed to file and exchange a costs budget by the required date. It was ordered that the Claimant was limited to a budget consisting of the applicable court fees. The Claimant therefore made an application for relief from sanctions.
Master McCloud found that the explanations by the Claimant’s Solicitors were not unusual and carried even less weight post-Jackson, there was no evidence that the Claimant would suffer particular prejudice, the Defendant had been able to deal with the matter in time using costs lawyers and there had been an absolute failure by the Claimant to engage and no attempt to ask for extra time or notify difficulties in complying. The Claimant’s application was therefore refused.
Master McCloud granted permission to appeal on the court’s own motion and she commented that under the old regime it was far more likely that relief would have been granted.
For the full Judgement please click here.