Williams v Gergiou v Wayne Hardy (T/A Wayne Hardy Builders) SCCO (unreported), Senior Costs Judge
This piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation funding and general common law. For his contact details please click here.
The senior costs judge disallowed the recovery of DA costs due to a failure to file a schedule of costs in time, noting that the excuse given (pressures of work) was not a ‘good reason’ per Mitchell.
C had unsuccessfully challenged a provisional assessment and D was therefore entitled to costs subject to the £1,500.00 cap. However, C argued that no costs should be ordered between the parties because the schedule of costs had not been served 24 hours before the hearing, in contravention of the PD.
This is a reminder of the new harsher regime following Mitchell