TMC LEGAL | SMITHSTONE V TRANMOOR PRIMARY SCHOOL [2026] EWCA Civ 13 скачать в хорошем качестве

TMC LEGAL | SMITHSTONE V TRANMOOR PRIMARY SCHOOL [2026] EWCA Civ 13

Claimant's Part 36 liability offers that do not specify a monetary sum can, in principle, engage the enhanced costs consequences under CPR 36.17(4). However, the rule only applies where liability is actually determined — global settlement without a liability finding is insufficient. | Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 | Part 36 Liability Offers | Court of Appeal Overrules Mundy The Court of Appeal confirms that 90:10 liability-only Part 36 offers can engage CPR 36.17(4) costs consequences in principle. However, Bean LJ clarifies such offers only trigger the rule where liability is determined or admitted — global settlement without a liability finding or concession is insufficient. 🔑 Key Points: • Court of Appeal overrules Mundy v TUI UK Ltd on the issue of principle • 90:10 liability Part 36 offers CAN engage CPR 36.17(4) • Liability must be determined or admitted for the rule to apply • Global settlement without liability finding cannot be compared to a liability offer • Fixed costs regime upheld where CPR 36.17(4) not triggered on the facts 📋 Case Summary: Case: Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 Court: Court of Appeal Judges: Bean LJ, Phillips LJ, Stuart-Smith LJ ⚖️ Why This Matters: Essential clarification for costs practitioners on percentage-based liability Part 36 offers. Claimants must secure a liability determination or admission to benefit from CPR 36.17(4) consequences. Settling for a global sum without addressing liability will not suffice. 🎯 What The Court Decided: 1. Settlement approval under CPR 21.10 constitutes a "judgment" for CPR 36.17 2. 90:10 liability offers are capable of being genuine offers to compromise 3. Mundy v TUI overruled on the issue of principle — decided without reference to Huck v Robson 4. CPR 36.17(4) requires judgment "at least as advantageous" as the offer 5. Fixed costs of £7,114.50 upheld 📚 Topics Covered: • Part 36 liability offers • CPR 36.17(4) costs consequences • Fixed recoverable costs • CPR 21.10 settlement approval • The "unjust" exception 👨‍⚖️ Judges: Lord Justice Bean | Lord Justice Phillips | Lord Justice Stuart-Smith 💼 Useful For: Costs Lawyers | Costs Draftsmen | Solicitors | Personal Injury Practitioners | Insurance Lawyers 🔗 Links: 📖 Blog: https://www.tmclegal.co.uk/part-36-li... 📞 Contact TMC Legal: 📧 office@tmclegal.co.uk | 📞 01628 526 236 | 🌐 https://www.tmclegal.co.uk 🔔 SUBSCRIBE for regular updates on costs law, civil litigation, and CPR developments Related Cases: • Mundy v TUI UK Ltd [2023] EWHC 385 (Ch) — overruled on principle • Huck v Robson [2002] EWCA Civ 398 • Broadhurst v Tan [2016] EWCA Civ 94 • Webb v Liverpool Women's NHS Foundation Trust [2016] EWCA Civ 365 ⚠️ Disclaimer: For educational purposes only. Not legal advice. © 2026 TMC Legal Limited #Part36 #CostsLaw #CPR3617 #LiabilityOffers #FixedCosts #CourtOfAppeal #CivilLitigation #LegalCosts #PersonalInjury #TMCLegal #MundyOverruled #SmithstonevTranmoor #CostsConsequences #UKLaw #DetailedAssessment