Raggett v The Governors of Preston Catholic College [2012] EWHC 3641 (QB) (21 December 2012)

Raggett v The Governors of Preston Catholic College [2012] EWHC 3641 (QB) (21 December 2012)

The claimant and his advisers had sufficient information at the time of the Part 36 offer to assess the risks and value of the claim. There is no injustice in applying the usual costs rule under CPR 36.14, requiring the claimant to pay the defendants' costs from the expiry of the offer period.

Citation
[2012] EWHC 3641 (QB)
Parties
Claimant: Patrick Joseph Raggett; Defendants: The Governors of Preston Catholic College
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Civil (personal Injury/abuse) / Post Trial, Costs and Quantum Determination
Outcome
Claimant awarded damages; costs orders made in favour of both parties for different periods; interim payment ordered.
Legal Topics
Part 36 Offers, Costs Orders, Quantum of Damages, Expert Evidence
Civil Procedure Personal Injury Costs Part 36 Offers Costs Orders Quantum of Damages Expert Evidence

Case Brief

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Parties

Patrick Joseph Raggett

Claimant

The Governors of Preston Catholic College

Defendants

Procedural Posture

Civil (personal Injury/abuse) / Post Trial, Costs and Quantum Determination

Legal Issues

  1. 1 Whether the claimant should pay the defendants' costs from the date of expiry of the Part 36 offer
  2. 2 Whether any special order should be made regarding the costs of Professor Zeitlin's evidence
  3. 3 Whether set off of damages and costs is appropriate

Ratio Decidendi

The claimant and his advisers had sufficient information at the time of the Part 36 offer to assess the risks and value of the claim. There is no injustice in applying the usual costs rule under CPR 36.14, requiring the claimant to pay the defendants' costs from the expiry of the offer period.

Court Disposition

Claimant awarded damages; costs orders made in favour of both parties for different periods; interim payment ordered.

Orders

  • Defendants to pay claimant damages of £54,923.03 inclusive of interest.
  • Defendants to pay claimant's costs incurred up to and including 25 June 2009, subject to detailed assessment if not agreed.