Peter Michael Knowles v Alastair Goldborn (T/A Mercian Marble) (2014) (LTL)
This piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation and general common law. For his contact details please click here.
This was heard before HHJ Gregory in the Walsall County Court. C had issued part 8 proceedings to recover costs following a personal injury claim. D’s costs draftsmen sought clarification of various issues before making an offer. In response, C issued the Part 8 proceedings.
It was held that per r.46.14 (1) Part 8 proceedings should only be issued where the parties had been unable to agree costs. Where, as here, C had not made any attempt to agree the costs it was premature to issue the claim. As a result the Part 8 proceedings were struck out.