Description
Application for an extension to comply with a disclosure order and cross-application to vary an order for costs of disclosure applications to an indemnity basis.
Held: Where applications are applied for in time and involve no significant fresh prejudice to the other parties, considerations of cost and proportionality are highly relevant: depending on the circumstances of the case and the stage in the proceedings when the order was made, there may be a need for reasonable extensions or other adjustments.
The wide power of the court to vary or revoke an order may be exercised only where there has been a material change of circumstances or where facts or arguments leading to the original decision were mis-stated or omitted (
Tibbles v SIG Plc (t/a Asphaltic Roofing Supplies) [2012] EWCA Civ 518).
In the present case, extension was justified, while a variation of the costs order was not. The latter application was an expensive and unnecessary piece of satellite litigation.
