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Partridge v Brian Perkins Ltd

2 November 2001
The issues

Costs – default costs certificate – points of dispute served out of time

The facts

The Defendant had until 4.00 p.m. Friday January 28th to serve Points of Dispute. Points of Dispute were served at 4.35. By that time (!) the Claimant’s Solicitors had applied to the Court for a Default Costs Certificate. The certificate was issued on February 1st. The Defendant applied to set aside.

The decision

The Claimant was not entitled to the certificate. The Application should not have been made until 10.00 on February 1st at the earliest. By then the Points of Dispute had been served. The certificate was set aside.

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