Wokuri v Kassam

Wokuri v Kassam

It was proper for the claimant to make the application as she could not access the interim payment without her passport, and the defendant's refusal justified court intervention; therefore, the defendant must pay all costs of the application, including attendance costs.

Parties
Claimant: Daphine Wokuri; Defendant: Mumtaz Kassam
Jurisdiction
England and Wales
Judgment Date
15 March 2012
Procedural Posture
Application / Costs Determination
Outcome
application granted
Legal Topics
Costs, Interim Payments, Access to Evidence
Civil Procedure Costs Interim Payments Access to Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Daphine Wokuri

Claimant

Mumtaz Kassam

Defendant

Procedural Posture

Application / Costs Determination

Legal Issues

  1. 1 whether the defendant should pay the costs of the application
  2. 2 whether the claimant was reasonable in seeking the return of her passport to access interim payment

Ratio Decidendi

It was proper for the claimant to make the application as she could not access the interim payment without her passport, and the defendant's refusal justified court intervention; therefore, the defendant must pay all costs of the application, including attendance costs.

Court Disposition

application granted

Orders

  • defendant to pay all costs of the application, including costs of attendance