Costs sanction alternative

Parnall v Hurst and others (ChD TLR 10 July)

At the time of service of her claim form under CPR Part 8, the claimant had failed to serve a witness statement contrary to rule 8.6, which provides that she could not rely on any written evidence at the hearing unless it had been served with the claim form or the court gave permission. Where the court could deal with the matter justly by the imposition of a penalty less grave than striking out, it should do so, for example by allowing the claimant relief from sanctions on stringent terms as to costs. In the present case, the claimant was permitted to rely on her witness statement on the terms that none of the costs incurred on her behalf up to the date of publication of judgment would be recoverable by her from the defendants, and that certain of the defendants’ costs would be paid by the claimant in any event.