Giving the main judgment, Lady Justice Falk set aside Mrs Justice Hill’s decision to allow the first appeal.
In summary, though there are other aspects of the judgment which will be of interest to all costs practitioners and any civil litigator, Lady Justice Falk found that Deputy Costs Judge Friston was entitled in the exercise of his discretion to allow the paying party to rely on a late served schedule rather than strike out the point of dispute.
Andrew has now represented the successful party in the two leading cases on late amendments to points of dispute, the other being Celtic v Knowles.
Andrew Lyons was instructed by Kennedys (Daniel Money and Lewis Thompson).