Issue-based costs orders and the powers of a Trial Judge under CPR Part 36

Part 36 did not preclude a judge from making an issue-based or proportionate costs order where a claimant had only succeeded on some issues. However, the constraints of Part 36 meant that it would be reasonable to deprive a claimant all or part of their costs only if it would be unjust to order otherwise, having regard to “all the circumstances of the case”

WEBB v LIVERPOOL WOMEN’S NHS FOUNDATION TRUST [2016] EWCA CIV 365