Ogiehor v Ogiehor

Ogiehor v Ogiehor

The appellant's improper disclosure of without prejudice material, despite warnings, caused unnecessary costs and justified the costs order. The judge properly exercised discretion in imposing an interim payment as a pre-condition, considering the appellant's means and circumstances.

Parties
Appellant: Joseph Ogiehor; Respondent: Patrick Belinfantie
Jurisdiction
England and Wales
Judgment Date
02 November 2018
Procedural Posture
Civil Appeal / Second Appeal, Judgment
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Litigants in Person, Without Prejudice Rule, Interim Payment, Case Management
Civil Procedure Personal Injury Costs Orders Litigants in Person Without Prejudice Rule Interim Payment Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Ogiehor

Appellant

Patrick Belinfantie

Respondent

Procedural Posture

Civil Appeal / Second Appeal, Judgment

Legal Issues

  1. 1 Whether it was proper to order the appellant to pay costs thrown away due to disclosure of without prejudice material
  2. 2 Whether making payment of an interim sum a pre-condition to continuing proceedings was erroneous in principle

Ratio Decidendi

The appellant's improper disclosure of without prejudice material, despite warnings, caused unnecessary costs and justified the costs order. The judge properly exercised discretion in imposing an interim payment as a pre-condition, considering the appellant's means and circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay £10,000 interim payment as condition to continue claim
  • No change to original costs order