Nazim Choudhury v Shauna Mukherjee

Nazim Choudhury v Shauna Mukherjee

The Defendant's application for extension of time to appeal is refused because there was no good reason for the seven-year delay, the Defendant was properly served and aware of the assessment, and the appeal is bound to fail as there is no right of appeal from a provisional assessment. The stated grounds of appeal are without merit.

Parties
Claimant: Mr Nazim Choudhury; Defendant: Ms Shauna Mukherjee
Jurisdiction
England and Wales
Judgment Date
15 May 2024
Procedural Posture
Costs Appeal / Judgment on Application for Extension of Time to Appeal Final Costs Certificate
Outcome
Appeal dismissed; extension of time refused.
Legal Topics
Extension of Time, Final Costs Certificate, Provisional Assessment, Service of Documents, Appeal Procedure, Delay in Appeal
Civil Procedure Costs Extension of Time Final Costs Certificate Provisional Assessment Service of Documents Appeal Procedure Delay in Appeal

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Nazim Choudhury

Claimant

Ms Shauna Mukherjee

Defendant

Procedural Posture

Costs Appeal / Judgment on Application for Extension of Time to Appeal Final Costs Certificate

Legal Issues

  1. 1 Whether the Defendant should be granted an extension of time to appeal the Final Costs Certificate issued over seven years earlier
  2. 2 Whether the appeal against the Final Costs Certificate has merit
  3. 3 Whether service of the Notice of Commencement and bill of costs was valid

Ratio Decidendi

The Defendant's application for extension of time to appeal is refused because there was no good reason for the seven-year delay, the Defendant was properly served and aware of the assessment, and the appeal is bound to fail as there is no right of appeal from a provisional assessment. The stated grounds of appeal are without merit.

Court Disposition

Appeal dismissed; extension of time refused.

Orders

  • Extension of time to appeal is refused.
  • Appeal against the Final Costs Certificate is dismissed.