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

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

Taking into account the public importance of the petition, the financial positions of the parties, and the principle that only costs almost certainly due should be ordered on account, the court orders the First Respondent to pay the Petitioner £7,589.94 on account of costs and £902.70 for the costs of the application, both to be paid within 14 days.

Citation
[2012] EWHC 3358 (QB)
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

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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

Taking into account the public importance of the petition, the financial positions of the parties, and the principle that only costs almost certainly due should be ordered on account, the court orders the First Respondent to pay the Petitioner £7,589.94 on account of costs and £902.70 for the costs of the application, both to be paid within 14 days.

Court Disposition

Application granted in part

Orders

  • First Respondent to pay Petitioner £7,589.94 on account of costs under CPR 44.3(8)
  • First Respondent to pay Petitioner £902.70 for the costs of the application