Summary of Recent Cases – Costs

Wasted costs order made against the claimant where there was unreasonable refusal to consent to an adjournment of a trial date where it was virtually impossible to have the case prepared in time.

Street & Anor v Larkins & Anor (2013) Ch D (Gaunt J QC), 08.03.13

Directions were given in June 2012 for the preparation of a joint expert report. The trial was listed for 04.03.13. An expert was not instructed until December 2012 and his report was due by 22.02.13. On 08.02.13 the Defendant’s solicitors wrote to the claimant suggesting the trial date be re-fixed to allow time for consideration of the report. They chased for a response on 15.02.13. The claimant consented on 26.02.13.

The claimant accepted that the defendant had adopted a reasonable position in requesting an adjournment and that, at the time of the chaser letter on 15.02.13, it was virtually impossible to prepare the case in time for trial. The claimant’s refusal to consent to the earlier request for an adjournment was unreasonable. The claimant was therefore ordered to pay the wasted costs between 16.02.13 and 26.02.13.

April 27, 2013 · Editorial Team · Comments Closed
Posted in: Cases