Litigation Notes

Pre-action protocols: Civil Justice Council proposes bespoke protocol for commercial cases, including mandatory pre-action "dispute resolution process"

Whether and how the recommendations are implemented will be a matter for the Civil Procedure Rules Committee.

Without prejudice rule: High Court considers the estoppel exception

Without prejudice rule: High Court emphasises narrow scope of exceptions

Court of Appeal provides guidance as to when court may refuse to accept party's undertakings as part of settlement

The Court of Appeal has unanimously allowed an appeal against a judge's decision refusing to accept certain undertakings agreed between the parties to a …

Commercial litigation podcast series – Episode 20: General update

Part 36 offers to settle: very high claimant offer did not bring costs benefits as not a genuine attempt to settle

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings

Commercial litigation podcast series – Episode 17: General update

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect

Court can refuse to accept a party's undertakings as part of settlement

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …