Where an appeal succeeds on some issues but fails on others, and the issues are distinct and separately identifiable, costs will be apportioned to reflect the mixed success rather than awarded in full to either party. The 'event' for the purposes of UCPR r 42.1 may be characterised in more than one way in multi-party, multi-issue litigation. The slip rule under UCPR r 36.17 does not apply where the order in question was deliberately made and its consequences were foreseen and intended by the Court.
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