Oriakhel v Groupama Insurance Co Ltd & Anor [2008] EWCA Civ 748 (04 July 2008)

Oriakhel v Groupama Insurance Co Ltd & Anor [2008] EWCA Civ 748 (04 July 2008)

A non-party costs order cannot be made against a witness alleged to be a conspirator where the witness was not a funder or controller of the litigation, was not given timely notice or opportunity to defend, and where findings in the primary litigation are not binding due to lack of close connection; witness immunity also precludes such an order based solely on evidence given.

Citation
[2008] EWCA Civ 748
Parties
Claimant: Oriakhel; 1st Defendant: Mr Dominic Vickers; 2nd Defendant/appellant: Groupama Insurance Company Limited; 3rd Defendant/respondent: Mohammed Munaver Khan; 4th Defendant: Graham Coffey & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Civil Appeal / Appeal From Willesden County Court Decision on Non Party Costs Order
Outcome
Appeal dismissed
Legal Topics
Non Party Costs Orders, Witness Immunity, Fraudulent Claims, Conspiracy, Civil Litigation Procedure
Civil Procedure Costs Non Party Costs Orders Witness Immunity Fraudulent Claims Conspiracy Civil Litigation Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Oriakhel

Claimant

Mr Dominic Vickers

1st Defendant

Groupama Insurance Company Limited

2nd Defendant/appellant

Mohammed Munaver Khan

3rd Defendant/respondent

Graham Coffey & Co (a firm)

4th Defendant

Procedural Posture

Civil Appeal / Appeal From Willesden County Court Decision on Non Party Costs Order

Legal Issues

  1. 1 Whether a non-party (witness) alleged to be a conspirator in a fraudulent claim can be ordered to pay costs under s.51 Supreme Court Act 1981
  2. 2 Whether lack of notice and opportunity to defend precludes such an order
  3. 3 Whether findings in primary litigation bind the non-party

Ratio Decidendi

A non-party costs order cannot be made against a witness alleged to be a conspirator where the witness was not a funder or controller of the litigation, was not given timely notice or opportunity to defend, and where findings in the primary litigation are not binding due to lack of close connection; witness immunity also precludes such an order based solely on evidence given.

Court Disposition

Appeal dismissed

Orders

  • No non-party costs order against Mr Khan
  • Groupama may pursue a separate action for conspiracy if so advised