England and Wales Court of Appeal (Civil Division) Decisions

IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM CARDIFF COUNTY COURT
(HIS HONOUR JUDGE MASTERMAN)

		Royal Courts of Justice Strand London, WC2 Wednesday, 21 November 2002

JUDGMENT ON COSTS
1. LORD JUSTICE TUCKEY: The first respondent applies for permission to appeal to the House of Lords. Although we accept that the point we have decided on statutory liability is of some importance, we think the House of Lords should decide whether they want to consider the point.
2. So far as costs are concerned, although we have allowed this appeal, Mr Shaw for the first respondents says that the appellant should only have 50 per cent of her costs both in this court and below because she lost on the date of knowledge issue which occupied (as it obviously did) a good deal of time during the seven-day trial and was the first ground of appeal to this court.
3. There are no hard and fast rules about issue costs, although one would not normally expect such an order in this type of case. Mr Shaw submits however that this was a test case and that this issue demanded a good deal of research into what had been published and was the subject of expert evidence. So, he says, the court should adopt (as it is now encouraged to do) an issue-based approach in this case.
4. We do not agree. The issue here was simply whether there was liability on the defendants. Both sides saw the date of knowledge as being an important fact in the determination of that issue, but that is not a reason for making separate orders for costs in relation to it. As the first respondent has now lost on the issue of liability, we think costs should follow the event and that it should pay all the costs of the successful appellant, both here and below.

ORDER: The appellants' appeal against the first respondent, Swansea National Health Service Trust, is allowed, but her appeal again the second respondent is dismissed. The first respondent shall pay all the costs of the appellant's action against it both here and below. The second respondent shall recover its costs of the action against it and the costs order below in relation to the second defendant is undisturbed. The first respondent's application to appeal to the House of Lords is refused.

(Order does not form part of the approved judgment)