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)

Claimant and advisers had sufficient information to assess litigation risks at the time of the Part 36 offer; no injustice in applying usual costs consequences. No special order warranted for Professor Zeitlin's evidence. Set off not appropriate due to multiple payees and insurers. Interim costs order set at £200,000.

Citation
[2012] EWHC 3641
Parties
Claimant: Patrick Joseph Raggett; Defendants: The Governors of Preston Catholic College
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Personal Injury / Post Judgment, Costs Order
Outcome
Defendants to pay claimant damages; costs split according to Part 36 regime; interim costs order granted.
Legal Topics
Part 36 Offers, Costs, Quantum of Damages, Expert Evidence
Civil Litigation Personal Injury Part 36 Offers Costs Quantum of Damages Expert Evidence

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Patrick Joseph Raggett

Claimant

The Governors of Preston Catholic College

Defendants

Procedural Posture

Personal Injury / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether the claimant should pay the defendants' costs after failing to beat a Part 36 offer
  2. 2 Whether special costs orders should be made regarding expert evidence
  3. 3 Whether set off of costs and damages is appropriate

Ratio Decidendi

Claimant and advisers had sufficient information to assess litigation risks at the time of the Part 36 offer; no injustice in applying usual costs consequences. No special order warranted for Professor Zeitlin's evidence. Set off not appropriate due to multiple payees and insurers. Interim costs order set at £200,000.

Court Disposition

Defendants to pay claimant damages; costs split according to Part 36 regime; interim costs order granted.

Orders

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