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Setting aside a default costs certificate

The court has a discretion to set aside or vary the default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue (r 47.12(2)). The application to set aside must be supported by evidence and the paying party should file a copy of the bill of costs and default costs certificate and a copy of the points of dispute he proposes to serve, if his application is granted, in order to persuade the court that he has good grounds to challenge the bill of costs. When deciding to exercise its discretion to set aside the order, the court must consider whether the application was made promptly and the applicant should explain the reason for failing to serve points of dispute in time. If the application to set aside the default costs certificate is successful, the court will give directions for the management of the detailed assessment proceedings (PD 47, para 38).