We recently reported the decision of Mr Justice Foxton in Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co  EWHC 1205 (QB) in which he reinstated a Default Costs Certificate despite invalid email service of the Notice of Commencement.
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The second to fifth defendants (“the defendants”) in this case applied to set aside a default costs certificate which the claimant had obtained in the sum of US$3,730,290.
Master Leonard (costs judge) rejected an application to set aside a default costs certificate in the sum of £363,695.28.
The defendant’s costs draftsmen had failed to serve Points of Dispute within the agreed extended time period for doing so as a result of, on their evidence, pressures of work exacerbated by the country going into lockdown in March 2020.
Following service of a default costs certificate four months after the extended deadline had been missed the Defendant applied to set it aside.
The judge found that the Denton criteria applied. It was accepted that the default was both significant and serious. The remaining question to be decided was whether in all the circumstances it would be just, bearing in mind all the circumstances of the case, to set the DCC aside.
The judge found that it was not.