Webb v Liverpool Women's NHS Foundation Trust

Webb v Liverpool Women's NHS Foundation Trust

Where a claimant makes a successful Part 36 offer and obtains a judgment at least as advantageous as the offer, she is entitled to all her costs (on the indemnity basis from the effective date) unless it would be unjust to award them; the mere fact of failing on a reasonably pursued allegation does not make it unjust, and the court should not deprive her of costs for that reason.

Parties
Appellant/claimant: Miss Courtney Webb (by her litigation friend Miss Stacey Keira Perkins); Respondent/defendant: Liverpool Women’s NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
14 April 2016
Procedural Posture
Civil Appeal / Appeal From High Court Costs Order After Trial
Outcome
Appeal allowed
Legal Topics
Costs, CPR Part 36, Personal Injury, Proportionate Costs Orders, Indemnity Costs
Civil Procedure Medical Negligence Costs CPR Part 36 Personal Injury Proportionate Costs Orders Indemnity Costs

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Parties

Miss Courtney Webb (by her litigation friend Miss Stacey Keira Perkins)

Appellant/claimant

Liverpool Women’s NHS Foundation Trust

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Costs Order After Trial

Legal Issues

  1. 1 Whether CPR Part 36 precludes an issues-based or proportionate costs order in favour of a successful claimant who made a successful Part 36 offer
  2. 2 Whether it was unjust to deprive the claimant of part of her costs for failing on one allegation of negligence

Ratio Decidendi

Where a claimant makes a successful Part 36 offer and obtains a judgment at least as advantageous as the offer, she is entitled to all her costs (on the indemnity basis from the effective date) unless it would be unjust to award them; the mere fact of failing on a reasonably pursued allegation does not make it unjust, and the court should not deprive her of costs for that reason.

Court Disposition

Appeal allowed

Orders

  • Set aside the material parts of the Judge’s costs order
  • Order the Defendant to pay all of the Claimant’s costs, such costs to be on the indemnity basis from the effective date of the Part 36 offer