06 May 2016
Webb v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365, [2016] All ER (D) 103 (Apr)
The Court of Appeal allowed the claimant’s appeal against a costs order made following the trial of her medical negligence claim against the defendant. Among other things, it held that CPR Pt 36 did not preclude the making of an issue-based or proportionate costs order. However, a successful claimant was to be deprived of all or part of her costs only if the court considered that it would be unjust for her to be awarded all or that part of her costs and that decision fell to be made having regard to “all the circumstances of the case”.
