The Claimant inadvertently failed to file a copy of his CFA or details of his success fee with the Notice of Commencement and Bill of Costs. The Defendant's raised this in their Points of Dispute.

The Defendants were well aware of the existence of the CFA, the Claimant had served the form N251 on commencing the claim. The prejudice to the Defendants was minimal, and could have been rectified by the Defendant's asking for the documents.

The Master reluctantly held that a strict application of the Mitchell guidelines meant that he had no excuse but to refuse to grant the relief as the non compliance could not be considered 'trivial'.