Description
Appeal concerning an application for relief from the sanction of strike out for failing to serve a costs schedule. Held; The delay in providing the costs schedule had not caused any real prejudice to the defendant nor had it delayed the progress of the action. There was no justification for striking out the action when its overall effects were not grave, considered together with the potentially severe prejudice which would be caused to the claimant if relief were refused. In any event, the powers of the court on making a costs order are wide and allowance can be made at the Part 36 offer stage for any prejudice that a party has suffered as a result of the delayed service of a costs schedule.
