If a paying party is refusing to pay your additional liabilities as a result of your failure to serve a form N251 (Notice of Funding), then it is certainly worthwhile considering two recently reported cases:
- Haydon v Strudwick  EWHC 90164 (Costs) and
- Tait & Tait v Cataldo & Markham  EWHC 90166 (Costs).
The Claimants were granted relief from sanction and therefore able to recover their success fees, although in Haydon the Court granted relief from sanction in relation to the success fee but refused it in relation to the ATE premium.
Both cases usefully recite the relevant authorities in considering whether to grant relief from sanction in these circumstances.