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Peter, many thanks for your comment.

My original statement still stands. The statements of costs provisions under the CPR only come into play where the breach was by virtue of a "reasonable excuse". This allows a departure somewhat from the Mitchell stance, as whilst something may be regarded trivial e.g. a statement served half an hour late - that triviality can only be excused by the qualification made in the CPR - namely a "reasonable excuse" - that's what can be drawn from Devon.

Devon demonstrates it isn't just the fact that the breach was just trivial that will see relief granted - its where that trivial breach could be excused by reason of the "reasonable excuse" provisions (the reasonable excuse that allowed the triviality to be considered in Devon was that the other side had not been co-operative).

I'm happy to elaborate my stance/position further and deal with any other queries should it still not be quite clear.