This case concerned proportionate costs order and the operation of the Part 36 regime.
Brachial plexus injury as a result of shoulder dystocia. Claimant made Part 36 offer of 65% of full liability, but recovered 100%. C succeeded on the issue of the failure to conduct a Caesarean section but failed on the conduct of the vaginal delivery. What costs were recoverable?
The court was minded to make a proportionate costs order percentage to be determined, and on which the Part 36 regime applied.
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