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Not the best citation. There was no penalty in Devon. See paragraph 11:

Accordingly, while taking Devon's failure into account as directed by paragraph 9.6, I also take into account Celtic's conduct, the substantive irrelevance of the failure, and the complete absence of any disadvantage to Celtic. In the circumstances of this case I decline to make any deduction from the costs that would otherwise be ordered to be paid by Celtic in respect of Devon's injunction application on 20 December 2013.

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