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The Bank of Ireland & Anor v Philip Pank Partnership

2014

TECHNOLOGY AND CONSTRUCTION COURT

UK

CORAM

  • The Honourable Mr Justice Stuart-Smith

Areas of Law

  • Civil Procedure

AI Generated Summary

Mr Justice Stuart-Smith addressed a dispute arising at a case management conference after the Defendant argued that the Claimant had not properly filed and exchanged a costs budget because the Precedent H template lacked the full PD 22 statement of truth. The Claimants budget, signed by a partner, bore only the words Statement of Truth due to the use of an outdated White Book template; an identical budget with the full statement of truth was later served. Rejecting the Defendants technical challenge, the court held CPR 3.14 sanctions apply only when a party fails to file a budget, not for every formal defect. The omission was an irregularity, not a nullity, and the budgets purposethe solicitors certification of reasonablenesswas clear. Drawing on Mitchell and Lord Dyson MRs Jackson lecture, the court emphasized that the CPR are not trip wires; if necessary, relief under CPR 3.9 would have been granted. Ultimately, the Defendants submission was rejected and no relief issue arose.