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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Pasricha v Pasricha (Rev 1)  EWHC 1017 (Ch) (18 March 2021)
Cite as:  EWHC 1017 (Ch),  Costs LR 403
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BUSINESS AND PROPERTY COURTS
OF ENGLAND AND WALES
On appeal from the order of His Honour Judge Lochrane,
dated 3 February 2020, sitting in the County Court at Central London
London EC4A 1NL
B e f o r e :
| PREM NATH PASRICHA
(First Defendant in the proceedings below)
|- and -
(Claimant in the proceedings below)
Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737
MR BENJAMIN CHANNER appeared on behalf of the Respondent.
(remotely, via Microsoft Teams)
Crown Copyright ©
MR JUSTICE MARCUS SMITH:
"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."
"Unless the claimant does by 4.00 p.m. on 3 January 2020 pay to the court the trial fee of £1,090, or file a properly completed application, i.e. one which provides all the required information in the manner requested, for help with fees, then the claim will be struck out with effect from 3 January 2020 without further order, and unless the court orders otherwise you will be liable for the costs which the defendant has incurred."
It goes on to make the point:
"If your claim has been struck out, it will no longer exist. The hearing will be vacated unless a counterclaim survives the claim being struck out."
"Upon reading the letter from the Claimant dated 9 January 2020, with the attached cheque for the hearing fee, it is ordered that the Claimant is granted relief from sanctions in respect of the late payment of the hearing fee."
"I'm sorry about that, but I gather this has all arisen because the trial fee wasn't paid or something."
"In any case where a costs management order has been made "
Pausing there, I include in this the case where a costs management order has been deemed to be made pursuant to CPR 3.14. Continuing:
" when assessing costs on the standard basis, the court will:
(a) have regard to the receiving party's last approved or agreed budgeted costs for each phase of the proceedings;
(b) not depart from such approved or agreed budgeted costs unless satisfied that there is a good reason to do so; and
(c) take into account any comments made pursuant to rule 3.15(4) or para.7.4 (Practice Direction 3E) and recorded on the face of the order."