This case arose from a road traffic accident between a vehicle driven by the famous Olympic champion Linford Christie and a taxi in which Micheal Burt was a passenger. Burt issued a claim and liability for the collision was admitted by Christie.
The Defendant was required to file the costs budget by 16th January 2014 but served it a day later by fax. The budget did not reach the Court until 20th January 2014 (the next working day).
The Defendant had argued that the breach would fall within the category of a trivial breach outlined in Jackson as it was only a day late.
District Judge Lumb decided that the Defendant’s costs budget should not be accepted as it was filed after the scheduled deadline.
Lumb added: ‘Failure to interpret the unambiguous rules of the court correctly, in this case CPR 2.8 in relation to the calculation of seven days, clearly cannot amount to a good reason within Mitchell.’
This case again highlights the importance of complying with Court deadlines and the hard line approach that is being adopted by the Courts.