Otuo v Brierley

Otuo v Brierley

The deputy judge erred in discounting Mr Brierley's costs by 20% because he incorrectly found that Mr Otuo had succeeded on the limitation issue; in fact, it was at least arguable that the limitation period had expired and Mr Otuo had delayed unduly. Therefore, Mr Brierley was entitled to all his costs of the amendment application. The refusal to impose a conditional order was not justified given Mr Otuo's history of non-compliance and lack of evidence of inability to pay, but the issue was moot as the claim had since been dismissed.

Parties
Claimant/respondent: Frank Otuo; Defendant/appellant: David Raymond Brierley
Jurisdiction
England and Wales
Judgment Date
12 November 2015
Procedural Posture
Civil Appeal / Appeal From High Court Costs Order
Outcome
Appeal allowed
Legal Topics
Costs Orders, Amendment of Pleadings, Limitation Periods, Defamation Allegations, Conditional Orders
Civil Procedure Defamation Partnership Law Costs Orders Amendment of Pleadings Limitation Periods Defamation Allegations Conditional Orders

Case Brief

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Parties

Frank Otuo

Claimant/respondent

David Raymond Brierley

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Costs Order

Legal Issues

  1. 1 Whether the deputy judge erred in discounting costs awarded to Mr Brierley by 20%
  2. 2 Whether the deputy judge erred in refusing to impose a condition barring Mr Otuo from pursuing his claim unless he paid £20,000 on account of costs
  3. 3 Whether the limitation period for defamation claims could be extended under s.32A of the Limitation Act 1980 in the context of an amendment

Ratio Decidendi

The deputy judge erred in discounting Mr Brierley's costs by 20% because he incorrectly found that Mr Otuo had succeeded on the limitation issue; in fact, it was at least arguable that the limitation period had expired and Mr Otuo had delayed unduly. Therefore, Mr Brierley was entitled to all his costs of the amendment application. The refusal to impose a conditional order was not justified given Mr Otuo's history of non-compliance and lack of evidence of inability to pay, but the issue was moot as the claim had since been dismissed.

Court Disposition

Appeal allowed

Orders

  • Mr Brierley is entitled to all of his costs of the amendment application.