Rachel was instructed on behalf of the claimant in a multi-track Personal Injury claim. Directions had been set down for exchange of the costs budgets and, whilst Rachel’s instructing solicitors had served theirs, it was unfortunately late. The position was therefore that under r.3.14 the claimant’s costs (estimated to be in the region of £50,000) would be limited to just the court fees of £1,250.
Rachel was instructed to apply under r.3.9 for relief from the strict costs sanctions. Her careful and thorough preparation of an argument relying on an examination of caselaw and the Denton principles (Denton v TH White Ltd  EWCA Civ 906) resulted in the application being successful and relief from sanctions being granted.