Default costs certificate - help please

[ScottM]

Hi there

 

You may remember I lost an ET case and was staggered when the Judge awarded costs over £40,000 against me. I am waiting for the EAT to decide if they will hear my appeal and suggested the other party wait as well. They won't and I have now been sent a default costs certificate. This is very worrying and I don't know what to do. Any advice is most appreciated.

 

Scott

[AndyOrch]

Hi Scottm

 

Setting aside default costs certificate

 

CPR47.12

 

(1) The court must set aside a default costs certificate if the receiving party was not entitled to it.

(2) In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.

(3) Where –

(a) the receiving party has purported to serve the notice of commencement on the paying party;

(b) a default costs certificate has been issued; and

© the receiving party subsequently discovers that the notice of commencement did not reach the paying party at least 21 days before the default costs certificate was issued,

the receiving party must –

(i) file a request for the default costs certificate to be set aside; or

(ii) apply to the court for directions.

(4) Where paragraph (3) applies, the receiving party may take no further step in –

(a) the detailed assessment proceedings; or

(b) the enforcement of the default costs certificate,

until the certificate has been set aside or the court has given directions.

(The Costs Practice Direction contains further details about the procedure for setting aside a default costs certificate and the matters which the court must take into account)

(5) Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.

 

Regards

 

Andy