Udogaranya v Nwagw

Udogaranya v Nwagw

Part 36 costs consequences are not engaged as no proceedings were commenced before acceptance; claimant's costs fall to be dealt with under CPR 44.12A and 45.7, but exceptional circumstances exist in this case to allow assessment of costs beyond fixed recoverable costs.

Parties
Applicant/claimant: Patrick Udogaranya; Respondent/defendant: Kenneth Nwagw
Jurisdiction
England and Wales
Judgment Date
20 August 2010
Procedural Posture
Part 8 Claim (costs Only Proceedings) / Judgment on Costs Assessment Application
Outcome
Application allowed; costs to be assessed due to exceptional circumstances.
Legal Topics
Part 36 Offers, Fixed Recoverable Costs, Exceptional Circumstances, Costs Assessment
Civil Procedure Costs Law Part 36 Offers Fixed Recoverable Costs Exceptional Circumstances Costs Assessment

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Patrick Udogaranya

Applicant/claimant

Kenneth Nwagw

Respondent/defendant

Procedural Posture

Part 8 Claim (costs Only Proceedings) / Judgment on Costs Assessment Application

Legal Issues

  1. 1 Whether Part 36 costs consequences are engaged when offer accepted pre-proceedings
  2. 2 Whether exceptional circumstances exist to depart from fixed recoverable costs regime

Ratio Decidendi

Part 36 costs consequences are not engaged as no proceedings were commenced before acceptance; claimant's costs fall to be dealt with under CPR 44.12A and 45.7, but exceptional circumstances exist in this case to allow assessment of costs beyond fixed recoverable costs.

Court Disposition

Application allowed; costs to be assessed due to exceptional circumstances.

Orders

  • Costs to be assessed rather than limited to fixed recoverable costs.
  • Claimant may proceed to detailed assessment.