Dugmore v Swansea National Health Trust & Anor [2002] EWCA Civ 1755 (21 November 2002)

Dugmore v Swansea National Health Trust & Anor [2002] EWCA Civ 1755 (21 November 2002)

As the first respondent lost on the issue of liability, costs should follow the event and the first respondent should pay all the costs of the successful appellant, both in the Court of Appeal and below.

Citation
[2002] EWCA Civ 1755
Parties
Claimant/appellant: Alison Dugmore; Defendant/respondent: Swansea National Health Trust; Defendant/respondent: Morriston Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 November 2002
Procedural Posture
Appeal / Judgment on Costs
Outcome
Appeal against first respondent allowed; appeal against second respondent dismissed; costs orders as specified.
Legal Topics
Costs, Statutory Liability, Date of Knowledge
Civil Procedure Personal Injury Costs Statutory Liability Date of Knowledge

Case Brief

Summary, issues, holding and outcome

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Parties

Alison Dugmore

Claimant/appellant

Swansea National Health Trust

Defendant/respondent

Morriston Hospital NHS Trust

Defendant/respondent

Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 Whether costs should be apportioned based on issues lost and won
  2. 2 Whether the appellant is entitled to full costs despite losing on the date of knowledge issue

Ratio Decidendi

As the first respondent lost on the issue of liability, costs should follow the event and the first respondent should pay all the costs of the successful appellant, both in the Court of Appeal and below.

Court Disposition

Appeal against first respondent allowed; appeal against second respondent dismissed; costs orders as specified.

Orders

  • First respondent to pay all costs of appellant's action against it both here and below.
  • Second respondent to recover its costs of the action against it; costs order below in relation to second defendant undisturbed.