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England and Wales High Court (Technology and Construction Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> Americhem Europe Ltd v Rakem Ltd [2014] EWHC 1881 (TCC) (13 June 2014) URL: http://www.bailii.org/ew/cases/EWHC/TCC/2014/1881.html Cite as: [2014] EWHC 1881 (TCC), [2014] WLR(D) 270 |
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QUEEN'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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Americhem Europe Limited |
Claimant |
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- and - |
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Rakem Limited |
Defendant/ Part 20 Claimant |
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Howard Cohen (instructed by Shakespeares) for the Defendant/Part 20 Claimant
Gregory Pipe (instructed by Clarion Solicitors LLP) for the Third Party
Hearing dates: Friday 6 June 2014
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Crown Copyright ©
Mr Justice Stuart-Smith:
"3.13 Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets as required by the rules or as the court otherwise directs. Each party must do so by the date specified in the notice served under rule 26.3(1) or, if no such date is specified, seven days before the first case management conference.
3.14 Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees."
"Budget format
Unless the court otherwise orders, a budget must be in the form of Precedent H annexed to this Practice Direction……A budget must be dated and verified by a statement of truth signed by a senior legal representative of the party……
(The wording for a statement of truth verifying a budget is set out in Practice Direction 22.)"
"I confirm that I am a Manager and Senior Costs Draftsman within the internal Costs Litigation team at Shakespeares Solicitors whose application for Associate at Shakespeares Solicitors has recently been endorsed by the partner in charge of the Costs Litigation Team."
"In these Rules … "legal representative" means a (a) barrister; (b) solicitor; (c) solicitor's employee; (d) … (e) person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act), who has been instructed to act for a party in relation to proceedings"
"There remains, of course, the further consideration of the need to enforce compliance with rules, practice directions and court orders which, even on its own, must clearly be given substantial weight. But, as the Master of the Rolls emphasised in his lecture on the Jackson reforms in words approved by the Court of Appeal in Mitchell at [38], it is not the aim of the reforms to turn rules and rule compliance into "trip wires", nor into "the mistress rather than the handmaid of justice", nor to render compliance "an end in itself". It seems to me that this would be precisely the result of refusing relief in a situation where, as here, there has been non-compliance with a rule or order but the objective which the insistence on compliance seeks to serve of ensuring that litigation is conducted efficiently and at proportionate cost has not been impaired."