Ali v Bashir & Anor

Taking into account public interest, financial means of parties, and the principle that only costs almost certainly due should be ordered, the court exercised discretion to order payment on account limited to costs unarguably attributable to resisting the strike out application, calculated at guideline rates.

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 of Costs on Account
Outcome: application granted in part
Legal Topics: Costs on Account, Strike Out Application, Public Interest, Detailed Assessment of Costs

Election Law Civil Procedure Costs on Account Strike Out Application Public Interest Detailed Assessment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2

Parties

Mohammed Ali

Petitioner

Mohammed Bashir

First Respondent

Ray Morgan

Second Respondent

Procedural Posture

Election Petition / Application for Payment of Costs on Account

Legal Issues

1 Whether the petitioner should be awarded payment on account of costs before detailed assessment
2 Whether the costs claimed are attributable to resisting the strike out application
3 Whether public interest and financial means justify an interim payment

Ratio Decidendi

Court Disposition

application granted in part

Orders

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