Raggett v The Governors of Preston Catholic College

Raggett v The Governors of Preston Catholic College

The claimant and his advisers had sufficient information at the time of the Part 36 offer to assess the risks of litigation. There was no injustice in applying the usual costs order under CPR 36.14, and the facts were distinguishable from SG v Hewitt. No special order was warranted regarding Professor Zeitlin’s evidence, no set off was appropriate due to the involvement of multiple parties in costs and damages, and an interim costs payment of £200,000 was reasonable.

Parties
Claimant: Patrick Joseph Raggett; Defendants: The Governors of Preston Catholic College
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Claimant awarded damages; costs orders made in favour of both parties for different periods; interim costs payment ordered.
Legal Topics
Costs, Part 36 Offers, Damages Assessment
Civil Procedure Costs Part 36 Offers Damages Assessment

Case Brief

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Parties

Patrick Joseph Raggett

Claimant

The Governors of Preston Catholic College

Defendants

Procedural Posture

Civil / Post Trial Costs 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 it would be unjust to apply the usual costs order under CPR 36.14
  3. 3 Whether any special order should be made regarding the costs of Professor Zeitlin's evidence

Ratio Decidendi

The claimant and his advisers had sufficient information at the time of the Part 36 offer to assess the risks of litigation. There was no injustice in applying the usual costs order under CPR 36.14, and the facts were distinguishable from SG v Hewitt. No special order was warranted regarding Professor Zeitlin’s evidence, no set off was appropriate due to the involvement of multiple parties in costs and damages, and an interim costs payment of £200,000 was reasonable.

Court Disposition

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