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Vivek Rattan v UBS [2014] EWHC 665 (Comm) - 12/03/14


Claimant ordered to pay costs on indemnity basis as sanction for taking 'futile and time-wasting procedural points'.

The Claimant (C) wrote to the Defendant (D) asking for confirmation that it would file its costs budget 'on' 28 February. D agreed saying costs budgets should be filed 'by' 28 February. C filed its costs budget on 27 February and D filed its costs budget on 28 February. C argued that 28 February was only six clear days before the CMC, not seven as required by CPR r.3.13, and that D should be treated as having filed a costs budget limited to the applicable court fees.

Males J held that C's argument was 'manifest nonsense' and 'completely without merit'. There had been a clear agreement that 28 February was acceptable day on which to file budgets. In any event, if relief from sanctions had been necessary then the case for relief would have been overwhelming. So as to discourage the taking of time-wasting procedural points, C was ordered to pay D's costs of the hearing on an indemnity basis.