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Wigg & Co - delay in lodging bill and sanctions

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Botham, -v- Kahn; Lamb -v- Kahn (20014) EWHC (QB).

"The Claimants applied for proceedings for the assessment of costs to be struck out or stayed on the grounds of delay or alternatively for the costs of the Defendant to be disallowed under CPR Rule 44.14 (1) for failure to initiate the assessment proceedings within 3 months, or failing to certify the Bill of Costs in mandatory form, or both."

"Held to impose the Sanction of disallowance pursuant to CPR Rule 44.14 on grounds of misconduct would be disproportionate. Claim for delay was not all on the side of the Defendant. There was culpable delay on the part of the Defendant but the Claimants themselves had the right to apply under CPR Rule 47.8 (1) for an Order requiring the Defendant to commence Detailed Assessment of the Defendant's costs, although the process would be more difficult than if it had been carried out on a timely basis."

"The only safe course for a paying party is to obtain an Unless Order under CPR Rule 47.8 (1). Failing this, the only sanction the Court can impose is to disallow interest, unless it can be persuaded that the delay amounts to misconduct, which is most unlikely.

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