Interim sum on account of costs ordered as a pre-condition to continuing proceedings

wasted costs

In this appeal decision the Court of Appeal upheld the judge’s decision to order an unrepresented claimant to pay £10,000 on account of the respondent’s costs thrown away as a condition of continuing his claim following the disclosure by him of a without prejudice offer in the course of trial. The decision contains an examination of the wasted costs order jurisdiction, the powers of the court to make conditional orders and the extent to which litigants in person should be afforded any special indulgence by virtue of their unrepresented status in the proceedings.

OGIEHOR v BELINFANTIE [2018] EWCA CIV 2423