Khandanpour v Chambers [2019] EWCA Civ 570

Relief from sanctions granted where deadline missed by “a few hours”

Relief from sanctions was granted in a case where the appellant had failed to meet the deadline for payment of a sum which had been a condition for setting aside a Default Costs Certificate. After ruling on the principles of appropriation it was held that payment deadline had been missed by just a few hours. This had “made no practical difference whatever” and “it would be disproportionate and unjust to deprive the appellant of an opportunity to challenge the Default Costs Certificate”.

Setting aside a default costs certificate

Applying to set aside a default costs certificate: Orders and directions on set aside applications

does not apply

Obtaining a default costs certificate: Cases in which the default costs certificate procedure does not apply