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Costs – Summary assessment of costs. In a costs application for summary assessment, where the interested party had failed to comply with the practice direction, the claimant submitted that the sanction for late failure to comply should be no costs. The Technology and Construction Court held that there was no sanction specified in CPR PD 44 and in any event having decided that in principle that the interested party should have its reasonable costs. To punish the interested party for its failure in effect to the tune of some £40,000 would be wholly disproportionate.
Costs – Summary assessment of costs. In a costs application for summary assessment, where the interested party had failed to comply with the practice direction, the claimant submitted that the sanction for late failure to comply should be no costs. The Technology and Construction Court held that there was no sanction specified in CPR PD 44 and in any event having decided that in principle that the interested party should have its reasonable costs. To punish the interested party for its failure in effect to the tune of some £40,000 would be wholly disproportionate.
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