All blog posts
Showing 36 out of 60 results
Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit
The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …
High Court finds parties agreed to vary application of "without prejudice" rule in subsequent "without prejudice save as to costs" correspondence
The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" …
Court of Appeal decision emphasises need to plead conspiracy claim in full
In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …
The perils of withdrawing Part 36 offers after trial (or any time)
The High Court has found that defendants who made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the …
Court of Appeal confirms offer relating to proposed claim by amendment was not valid Part 36 offer
The Court of Appeal has upheld a High Court decision that an offer to settle was not valid under CPR Part 36 as it related only to a claim put forward …
Part 36 offers to settle: some lessons from recent decisions
This post discusses practical points arising from four recent decisions relating to Part 36 offers - though of course each case will turn on its facts …
Court of Appeal decision reiterates need for care when settling with one of a number of defendants
The Court of Appeal has held that a claimant who settled a conspiracy claim against one defendant by recording the terms in a consent order, which was …
Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers
The Court of Appeal has held that a defendant should have been ordered to pay enhanced interest on both damages and costs at the maximum rate of 10% …
Employers may owe duty of care to employees in conduct and settlement of claims
The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably …
Court of Appeal finds settlement with contract breaker did not release claims against others who induced the breach
The Court of Appeal has held that a claimant's previous settlement with a contract breaker did not discharge his claims against the present defendants …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
Showing 36 out of 60 results
View more