The High Court has granted relief from sanctions to two claimants who were three and a half months late in notifying their defendants about funding agreements due to an “oversight”, in the latest costs ruling to follow Denton and Mitchell .
In Caliendo v Mishcon de Reya [2014] EWHC 3414 (Ch), the claimants were allowed to keep their conditional fee agreements with DLA Piper, even though they should have notified within seven days. The case, which involved a shares dispute with Mishcon, was deferred until after the Mitchell and Denton cases on sanctions under the new post-Jackson review civil procedure rules.
Mr Justice Hildyard found that relief could be granted even though the claimants had no “good reason” for their delay, since the defendants had not been prejudiced by the delay and it would not be “fair, just or appropriate” to deny relief.
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