In order to obtain an order setting aside a default costs certificate, a paying party should apply on notice in Form N244 together with a copy of the bill of costs, a copy of the default costs certificate and a draft of the points of dispute he proposes to serve if his application is granted, and any other evidence supporting his application.
The court may set aside or vary a default costs certificate to which the receiving party was entitled if it appears to the court that there is some good reason why the detailed assessment proceedings should continue (CPR 47.12(2)).
In deciding whether to grant the application the court will consider, amongst other things, whether the application was made promptly and whether the applicant has shown some good reason why the order should be made. Where appropriate the court may make an order subject to conditions (such as a condition requiring the applicant to make a payment on account of the costs in question), or may instead of setting aside the certificate vary it (eg, to specify some other sum payable or some other date for payment).
A Costs Judge or a District Judge may exercise the power of the court to make an order under CPR 44.2(8) (which enables the court to order a party whom it has ordered to pay costs to pay an amount on account before the costs are assessed) although they did not make the order about costs which led to the issue of the default costs certificate (Part 47 Practice Direction (para 11.3)).