‘In Smithstone, the Court of Appeal addressed a key point of principle and uncertainty concerning cost consequences for liability-only Part 36 offers and marked a significant development for practitioners. The Court confirmed that Part 36 costs consequences can indeed be triggered by liability-only Part 36 offers, overturning and clarifying the position outlined in Mundy v TUI UK Ltd [2023] EWHC 385 (Ch). This decision is likely to prompt a rise in the use of such offers.’
1 QMLR.2nd February 2026
Source: 1corqmlr.com
