PATRICK MCGREEVY v PETER KIRAMBA

PATRICK MCGREEVY v PETER KIRAMBA

The claimant entered into a binding settlement agreement on 25 June 2021 accepting £100,000 in damages and costs limited to CPR 45.29C fixed costs. This agreement precluded any claim for costs above the fixed regime, and no exceptional circumstances were established to justify departure from Table 6B. Acceptance of a Part 36 offer would also have limited costs to the fixed regime by operation of CPR 36.20(2).

Parties
Claimant: Mr Patrick McGreevy; Defendant: Mr Peter Kiramba
Jurisdiction
England and Wales
Judgment Date
26 September 2022
Procedural Posture
Costs Determination Following Personal Injury Settlement / Post Settlement Costs Assessment
Outcome
Claimant's costs limited to CPR 45.29C fixed costs as per Table 6B; no entitlement to costs above fixed regime.
Legal Topics
Fixed Costs Regime, Settlement Agreements, Exceptional Circumstances Under CPR 45.29 J
Civil Procedure Personal Injury Fixed Costs Regime Settlement Agreements Exceptional Circumstances Under CPR 45.29 J

Case Brief

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Parties

Mr Patrick McGreevy

Claimant

Mr Peter Kiramba

Defendant

Procedural Posture

Costs Determination Following Personal Injury Settlement / Post Settlement Costs Assessment

Legal Issues

  1. 1 Whether the claimant entered into a binding settlement agreement limiting costs to CPR 45.29C fixed costs
  2. 2 Whether acceptance of a Part 36 offer would allow recovery of costs beyond Table 6B
  3. 3 Whether exceptional circumstances exist to justify costs above fixed recoverable costs

Ratio Decidendi

The claimant entered into a binding settlement agreement on 25 June 2021 accepting £100,000 in damages and costs limited to CPR 45.29C fixed costs. This agreement precluded any claim for costs above the fixed regime, and no exceptional circumstances were established to justify departure from Table 6B. Acceptance of a Part 36 offer would also have limited costs to the fixed regime by operation of CPR 36.20(2).

Court Disposition

Claimant's costs limited to CPR 45.29C fixed costs as per Table 6B; no entitlement to costs above fixed regime.

Orders

  • Defendant to pay claimant £100,000 in full and final settlement of the claim.
  • Claimant's recoverable costs limited to fixed costs under CPR 45.29C and Table 6B.