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Costs

Webb (by her litigation friend) v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365

10 May 2016

15 March; 14 April 2016

CA: Gloster , Simon LJJ, Sir Stanley Burnton

Costs — Discretion of court — Offer of settlement — Claimant succeeding on first allegation of medical negligence claim against defendant but failing on second allegation — Claimant’s success exceeding CPR Pt 36 offer rejected by defendant — Whether Part 36 consequences precluding proportionate or issues based costs order — Whether claimant entitled to all costs on indemnity basis

The claimant succeeded in her claim against the defendant for medical negligence in the management of her birth, during which she suffered a Brachial Plexus Injury as a result of shoulder dystocia. The claimant had earlier made a CPR Pt 36 offer to settle...

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