Jayden James Smithstone v Tranmoor Primary School

Jayden James Smithstone v Tranmoor Primary School

Although a 90:10 liability offer is in principle capable of engaging CPR 36.17, on the facts of this case, liability was never determined and the outcome was not more advantageous to the claimant than the offer. Therefore, the claimant's solicitors are limited to recovering fixed costs.

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
20 January 2026
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Costs After Settlement of a Fast Track Personal Injury Claim
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

Civil Appeal / Appeal From County Court Decision on Costs After Settlement of a Fast Track Personal Injury Claim

Legal Issues

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

Ratio Decidendi

Although a 90:10 liability offer is in principle capable of engaging CPR 36.17, on the facts of this case, liability was never determined and the outcome was not more advantageous to the claimant than the offer. Therefore, the claimant's solicitors are limited to recovering fixed costs.

Court Disposition

Appeal dismissed

Orders

  • Claimant's appeal on costs is dismissed
  • Claimant's solicitors limited to recovering fixed costs as previously ordered