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Failure to file a N260 – what are the consequences? (Mahandru v Nielson)

In the recent case of Mahandru v Nielson [2021] EWHC 2297 (QB), Mrs Justice Steyn DBE, considered the costs consequences of failing to file an N260 (i.e. a Statement of Costs). The Respondent had successfully defended an appeal, in relation to the grant of an injunction, but had failed to file an N260. The Appellant submitted that the most appropriate Order in these circumstances was to make “No Order for Costs”. Mrs Justice Steyn disagreed with the Claimant and determined that the most appropriate, and reasonable, course of action here was to simply confine the costs to Counsel’s fees. This was on the basis that Counsel’s fees are definite and confirmed.

“In my judgment, that would be unjust given the ordinary rule that the successful party is entitled to their costs. Nevertheless, the fault for not providing a schedule of costs clearly lies with the defendant and it seems to me, in the circumstances, the only sums that I can properly summarily assess are the costs which I am told have been incurred in respect of counsel’s appearance at the hearing today and drafting of the skeleton argument.”

As such the Respondent recovered £1,250.00, in lieu of the £3,960.00 the Respondent’s representatives had incurred.

If you require assistance with any of your legal costs requirements, or preparation of an N260, please do get in touch with the team on 01733 350 880, or by email mail@aandmbacon.co.uk. For more information please do visit our website www.aandmbacon.co.uk.

Published 21 October 2021

Author – Amy Avory


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