Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 (16 January 2026)

Smithstone v Tranmoor Primary School [2026] EWCA Civ 13 (16 January 2026)

A 90:10 liability Part 36 offer is, in principle, capable of engaging CPR 36.17, but on the facts of this case, there was no determination of liability or outcome more advantageous to the claimant than the offer, so the fixed costs regime applies and CPR 36.17(4) does not operate.

Citation
[2026] EWCA Civ 13
Parties
Appellant Claimant: Jayden James Smithstone (A child by his Litigation Friend, Kirsty Louise Norris); Respondent Defendant: Tranmoor Primary School
Jurisdiction
England and Wales
Judgment Date
16 January 2026
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Costs Following Fast Track Personal Injury Settlement
Outcome
Appeal dismissed
Legal Topics
Costs, Part 36 Offers, Fixed Costs Regime, Settlement, Judgment Definition
Civil Procedure Personal Injury Costs Part 36 Offers Fixed Costs Regime Settlement Judgment Definition

Case Brief

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Parties

Jayden James Smithstone (A child by his Litigation Friend, Kirsty Louise Norris)

Appellant Claimant

Tranmoor Primary School

Respondent Defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Costs Following Fast Track Personal Injury Settlement

Legal Issues

  1. 1 Whether a 90:10 liability Part 36 offer engages CPR 36.17(4) costs consequences
  2. 2 Whether the outcome was at least as advantageous to the claimant as the Part 36 offer
  3. 3 Whether it is unjust to confine the claimant to fixed costs

Ratio Decidendi

A 90:10 liability Part 36 offer is, in principle, capable of engaging CPR 36.17, but on the facts of this case, there was no determination of liability or outcome more advantageous to the claimant than the offer, so the fixed costs regime applies and CPR 36.17(4) does not operate.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The claimant's solicitors are limited to recovering fixed costs as assessed by the county court.