From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
In Smithstone v Tranmoor Primary School, the Court of Appeal confirmed that a liability-only Part 36 offer can trigger CPR 36.17 consequences, overruling contrary dicta in Mundy—though in that case the claimant still ended up with ‘fixed costs only’.
Elsewhere, Judge Tayler in Pal v Accenture warned that ‘generalised findings on credibility are rarely a useful tool’, a line worth banking for closing submissions.
There is guidance on extracting funds from the Court Funds Office, a tweak to form N215’s statement of truth, and a caution that CPR 32.7 cross-examination on interlocutory evidence, while possible, may test judicial patience. Even ‘cat poo’ can raise public law error if councils ask the wrong question.
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