Brierley v Otuo & Anor

The consent order represents the final agreement between the parties as to the allocation of the £250,000. Clause 2.2 of the consent order is clear: the sum is to be applied first to the first defendant’s debt, and only if that is discharged, to the second defendant’s debt. The first defendant’s proposed appropriation is inconsistent with the consent order, which prevails.

Parties: Claimant: David Raymond Brierley; First Defendant: Frank Otuo; Second Defendant: Ruth Otuo
Jurisdiction: England and Wales
Judgment Date: 03 March 2021
Procedural Posture: Civil / Judgment on Appropriation Application
Outcome: Application dismissed
Legal Topics: Appropriation of Payments, Interpretation of Consent Orders, Enforcement of Costs Orders

Civil Procedure Property Law Appropriation of Payments Interpretation of Consent Orders Enforcement of Costs Orders

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Parties

David Raymond Brierley

Claimant

Frank Otuo

First Defendant

Ruth Otuo

Second Defendant

Procedural Posture

Civil / Judgment on Appropriation Application

Legal Issues

1 Whether the payment of £250,000 should be appropriated according to the first defendant's instructions or as per the consent order
2 Proper construction of clause 2.2 of the consent order

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The claimant is entitled to appropriate the sum in the terms set out in the consent order.