Nwoko v The Oyo State Government of Nigeria [2014] EWHC 4538 (QB) (28 November 2014)

Nwoko v The Oyo State Government of Nigeria [2014] EWHC 4538 (QB) (28 November 2014)

CNA Solicitors, as solicitors on the record, were obliged to accept service of the application notice. Their refusal was improper, unreasonable, and obstructive, directly causing the claimant to incur wasted costs. A wasted costs order is justified and must be assessed on the actual costs caused by CNA's conduct.

Citation
[2014] EWHC 4538 (QB)
Parties
Claimant/respondent: Nwoko; Defendant/appellant: The Oyo State Government of Nigeria
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Application for Wasted Costs Order / Post Judgment Costs Determination
Outcome
Wasted costs order granted against CNA Solicitors
Legal Topics
Wasted Costs Orders, Solicitor Conduct, Service of Process
Civil Procedure Legal Profession Wasted Costs Orders Solicitor Conduct Service of Process

Case Brief

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Parties

Nwoko

Claimant/respondent

The Oyo State Government of Nigeria

Defendant/appellant

Procedural Posture

Application for Wasted Costs Order / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether CNA Solicitors acted improperly, unreasonably or negligently in refusing to accept service as solicitors on the record
  2. 2 Whether a wasted costs order should be made against CNA Solicitors
  3. 3 Quantum of wasted costs to be awarded

Ratio Decidendi

CNA Solicitors, as solicitors on the record, were obliged to accept service of the application notice. Their refusal was improper, unreasonable, and obstructive, directly causing the claimant to incur wasted costs. A wasted costs order is justified and must be assessed on the actual costs caused by CNA's conduct.

Court Disposition

Wasted costs order granted against CNA Solicitors

Orders

  • CNA Solicitors to pay £7,000 (including VAT) to the claimant for wasted costs