Costs orders imposed for non-compliance with interlocutory timetable orders must be compensatory, not punitive: they must be limited to costs thrown away or incurred solely as a consequence of the non-compliance, and cannot extend to all costs incurred by the other party during the period of default. Where a costs order is out of the ordinary and draconian, the judge must give reasons and afford the affected party an opportunity to be heard before making the order.
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