S -v- K Durham County Court – Relief from Sanctions Application before DJ Thomas

An easily missed deadline leading to the sanction of zero recovery of costs in the whole case and a professional negligence/compliance enquiry.

James Robinson represented a senior Solicitor Client in a successful relief from sanctions application.  A deadline to file a cost budget in accordance with the mandatory timetable under the Civil Procedure Rules was missed.  The fee earner prudently made an immediate application, backed with evidence in a personal witness statement in accordance with the Denton principles relying exclusively on stage 3 (the court’s discretion ) She disclosed the personal circumstances behind the missed deadline and acceped full responsibility. The matter was heard before District Judge Thomas who after hearing submissions from Counsel granted the application.