Fehmida Akhtar v Wilayat Bashir

Fehmida Akhtar v Wilayat Bashir

The unexplained 300% increase in costs between the prior N260 and current bill, combined with procedural shortcomings and lack of explanation by W's team, constitutes good reason to set aside the Default Costs Certificate and allow H to rely on Points of Dispute.

Parties
Petitioner: Fehmida Akhtar; Respondent: Wilayat Bashir
Jurisdiction
England and Wales
Judgment Date
09 February 2025
Procedural Posture
Costs Assessment / Application to Set Aside Default Costs Certificate
Outcome
Default Costs Certificate set aside; H permitted to rely on Points of Dispute dated 26 March 2025; no costs awarded for this application.
Legal Topics
Costs Assessment, Relief From Sanctions, Default Costs Certificate, Detailed Assessment
Family Law Civil Procedure Costs Assessment Relief From Sanctions Default Costs Certificate Detailed Assessment

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Parties

Fehmida Akhtar

Petitioner

Wilayat Bashir

Respondent

Procedural Posture

Costs Assessment / Application to Set Aside Default Costs Certificate

Legal Issues

  1. 1 Whether the Default Costs Certificate should be set aside under CPR 47.12(2)
  2. 2 Whether the applicant has shown good reason for the court to set aside the certificate
  3. 3 Whether the increase in costs between prior N260 and current bill is sufficiently explained

Ratio Decidendi

The unexplained 300% increase in costs between the prior N260 and current bill, combined with procedural shortcomings and lack of explanation by W's team, constitutes good reason to set aside the Default Costs Certificate and allow H to rely on Points of Dispute.

Court Disposition

Default Costs Certificate set aside; H permitted to rely on Points of Dispute dated 26 March 2025; no costs awarded for this application.

Orders

  • Default Costs Certificate dated 11 March 2025 set aside.
  • H permitted to rely on Points of Dispute dated 26 March 2025.