The Supreme Court Costs Office

No.1 of 2006

Less v Benedict [2005] EWHC 1643 (Ch); [2006] 4 Costs LR 688

25 July 2005

Warren J.

This appeal concerned delay in detailed assessment proceedings. The receiving party had commenced proceedings for detailed assessment on 11 April 2001 but no further steps were taken after points of dispute had been served in early May 2001 until July 2004 when a hearing date was requested under CPR 47.14. The Judge held that there had not been a breach of the Article 6 rights of the paying claimants to have the matter brought before the court within a reasonable time: Botham & Lamb v Imran Khan [2004] EWCH 2602 (QB) considered. The Master’s decision to disallow interest but not to impose any other sanction under CPR 44.14 upheld.