Ali v Bashir & Anor [2012] EWHC 3358 (QB) (27 November 2012)

Ali v Bashir & Anor [2012] EWHC 3358 (QB) (27 November 2012)

The court has discretion under CPR 44.3(8) to order a payment on account of costs where a costs order has been made, taking into account the public interest in the petition, the financial means of the parties, and the principle that the amount ordered should be limited to what will almost certainly be due after assessment. The Petitioner is entitled to a payment on account for costs attributable to resisting the strike out application, calculated on the basis of guideline rates and reasonable hours, but not for costs incurred before the strike out application or unrelated to it.

Citation
[2012] EWHC 3358
Parties
Petitioner: Mohammed Ali; First Respondent: Mohammed Bashir; Second Respondent: Ray Morgan
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Election Petition / Application for Payment on Account of Costs Under CPR 44.3(8)
Outcome
Application granted in part
Legal Topics
Costs on Account, Summary Assessment of Costs, Election Petition Procedure
Civil Procedure Election Law Costs on Account Summary Assessment of Costs Election Petition Procedure

Case Brief

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Parties

Mohammed Ali

Petitioner

Mohammed Bashir

First Respondent

Ray Morgan

Second Respondent

Procedural Posture

Election Petition / Application for Payment on Account of Costs Under CPR 44.3(8)

Legal Issues

  1. 1 Whether the court should order a payment on account of costs under CPR 44.3(8) before detailed assessment in an election petition context

Ratio Decidendi

The court has discretion under CPR 44.3(8) to order a payment on account of costs where a costs order has been made, taking into account the public interest in the petition, the financial means of the parties, and the principle that the amount ordered should be limited to what will almost certainly be due after assessment. The Petitioner is entitled to a payment on account for costs attributable to resisting the strike out application, calculated on the basis of guideline rates and reasonable hours, but not for costs incurred before the strike out application or unrelated to it.

Court Disposition

Application granted in part

Orders

  • First Respondent to pay the Petitioner £7,589.94 on account of costs pursuant to CPR 44.3(8) within 14 days.
  • First Respondent to pay the Petitioner £902.70 for the costs of the application for payment on account within 14 days.