Woodgate v Woodgate [2023] EWHC 1640 (Ch) (30 June 2023)

Woodgate v Woodgate [2023] EWHC 1640 (Ch) (30 June 2023)

Paul's offer did not relate to any pleaded claims in the proceedings and was not a valid Part 36 offer; even if it were, permission to apply for further costs relief should be refused due to timing, lack of advantage, and the need for finality in costs rulings.

Source-derived case information.

Citation
[2023] EWHC 1640 (Ch)
Parties
Claimant: Paul Jeffrey Woodgate; Defendant: Robert John Woodgate
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Part 8 Claim / Post Judgment Costs Dispute
Outcome
Permission refused for claimant to apply for additional costs relief under CPR Part 36.
Legal Topics
Part 36 Offers, Costs, Estate Administration, Personal Representative Removal
Probate Trusts Civil Procedure Part 36 Offers Costs Estate Administration Personal Representative Removal

Source-derived case record

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Parties

Paul Jeffrey Woodgate

Claimant

Robert John Woodgate

Defendant

Procedural Posture

Part 8 Claim / Post Judgment Costs Dispute

Legal Issues

  1. 1 Whether the claimant's settlement offer constituted a valid Part 36 offer
  2. 2 Whether the claimant should have permission to apply for additional costs relief under CPR Part 36

Ratio Decidendi

Paul's offer did not relate to any pleaded claims in the proceedings and was not a valid Part 36 offer; even if it were, permission to apply for further costs relief should be refused due to timing, lack of advantage, and the need for finality in costs rulings.

Court Disposition

Permission refused for claimant to apply for additional costs relief under CPR Part 36.

Orders

  • Claimant's request for permission to apply for further costs relief is refused.