Santos-Albert v Ochi

Santos-Albert v Ochi

The slip rule was properly applied to amend the final charging order to reflect the court's intention; the amendment did not add substantive new provisions or include costs not yet assessed, and any objection to the amended order had to be by way of appeal.

Parties
Claimant/respondent: Princess Folaremi Ajongbola Santos-Albert; Defendant/appellant: Isiguzo Eugene Ochi
Jurisdiction
England and Wales
Judgment Date
23 May 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Charging Orders, Slip Rule, Costs, Order for Sale
Civil Procedure Property Law Charging Orders Slip Rule Costs Order for Sale

Case Brief

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Parties

Princess Folaremi Ajongbola Santos-Albert

Claimant/respondent

Isiguzo Eugene Ochi

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the slip rule (CPR 40.12) was properly applied to amend the final charging order
  2. 2 Whether the amended final charging order lawfully included costs not yet assessed
  3. 3 Whether the defendant's application to vary/discharge the amended order could be made other than by appeal

Ratio Decidendi

The slip rule was properly applied to amend the final charging order to reflect the court's intention; the amendment did not add substantive new provisions or include costs not yet assessed, and any objection to the amended order had to be by way of appeal.

Court Disposition

Appeal dismissed

Orders

  • Amended Final Charging Order discharged
  • Defendant to pay Claimant's costs of the application on the indemnity basis if not agreed