[2025] EWHC 1680 (KB)

I consider that the Judge was wrong not to have granted relief from the sanction in imposed by CPR r.3.14. However, that does not mean that no sanction should have been imposed on the Claimant. It is appropriate to consider what sanction should have been imposed under CPR r.52.20, r.3.10 and CPR r.44. I consider that the Claimant should pay the costs of the application for relief from sanctions, despite succeeding on the application. I do not consider that the Defendant’s opposition was unreasonable, save as to the sums claimed which were not limitation barred. However, in my judgment the costs of the application are not a sufficient sanction to match the seriousness of the default and the lack of promptness in applying for relief. Costs sanctions are generally the sanction for failure to file a costs budget on time and I consider that a deduction from the Claimant’s overall recoverable costs of 20% would be the appropriate sanction.