Webb v Liverpool Women's NHS Foundation Trust [2016] EWCA Civ 365 (14 April 2016)

Webb v Liverpool Women's NHS Foundation Trust [2016] EWCA Civ 365 (14 April 2016)

A successful claimant under Part 36 is entitled to all costs unless it would be unjust; deprivation of costs for failing on discrete allegations is only justified if pursuit was unreasonable or circumstances warrant it. Here, the second allegation was reasonably pursued and Part 36 does not preclude recovery of all costs.

Citation
[2016] EWCA Civ 365
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
Appeal From High Court (queen's Bench Division, Leeds District Registry) / Appeal Judgment on Costs Order
Outcome
Appeal allowed
Legal Topics
Costs Orders, CPR Part 36, Issue Based Costs, Indemnity Costs, Personal Injury
Civil Procedure Medical Negligence Costs Orders CPR Part 36 Issue Based Costs Indemnity Costs Personal Injury

Case Brief

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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

Appeal From High Court (queen's Bench Division, Leeds District Registry) / Appeal Judgment on Costs Order

Legal Issues

  1. 1 Whether CPR Part 36 precludes issue-based or proportionate costs orders for a successful claimant
  2. 2 Whether it was unjust to deprive the claimant of costs relating to an unsuccessful allegation
  3. 3 Interpretation of 'costs' under CPR 36.14(3)(b)

Ratio Decidendi

A successful claimant under Part 36 is entitled to all costs unless it would be unjust; deprivation of costs for failing on discrete allegations is only justified if pursuit was unreasonable or circumstances warrant it. Here, the second allegation was reasonably pursued and Part 36 does not preclude recovery of all costs.

Court Disposition

Appeal allowed

Orders

  • Material parts of the Judge's costs order set aside
  • Defendant to pay all of the Claimant's costs