CLAIMANT HAD NOT “WON” UNDER PART 36 WHEN SHE HAD NOT BEATEN THE DEFENDANT’S OFFER ON DAMAGES BUT MADE AN OFFER IN RELATION TO LIABILITY: “BAFFLING” ARGUMENTS FAIL TO PREVAIL

NB THE OBSERVATIONS ABOUT PART 36 WERE DOUBTED AND “OVERRULED” BY THE COURT OF APPEAL IN Smithstone v Tranmoor Primary School [2026] EWCA Civ 13. SEE THE DISCUSSION IN THE POST ON THE CASE HERE I am grateful to barrister…