BANK OF IRELAND v PHILIP PANK PARTNERSHIP (2014) [2014] EWHC 284 (TCC)

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Posted on: February 24th, 2014 by Sentio Costs

In the above case the Claimant served a Precedent H which did not have a statement of truth (at all). The Defendant filed an application to restrict the Claimant’s costs to court fees only.

The court held that the failure to include a statement of truth did not render the costs budget a nullity and, even if it did, the judge commented obiter that the failure to comply was trivial (with reference to Mitchell) and thus relief would have been granted in any event. The application was dismissed.

Some leniency for a change and some common sense decision making from the judiciary!

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