[2025] EWHC 1680 (KB)

For the reasons set out above, grounds 1 and 2 of the appeal are upheld. I set aside the Judge’s orders on the Claimant’s applications for permission to amend the Particulars of Claim and for relief from sanctions. I substitute, as the appropriate sanction, that the Claimant shall pay the Defendant’s costs of both applications on the standard basis and that in relation to the costs of the action (excluding costs already covered by a costs order) the Claimant shall be debarred from recovering 20% of its costs as assessed or agreed.

Following providing draft of this judgment for corrections I received a further submission from the Appellant on costs. The costs of the appeal will be subject to a consequentials hearing to be listed before the end of term.