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Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it …
Article published - Drafting settlement agreements: do you know what claims you’re releasing?
A key issue for parties negotiating any settlement is the extent of the releases being given by one or both parties, including whether …
Recent decisions highlight potential disadvantages of making offers outside Part 36
In two recent decisions, the courts have refused to treat offers which fell outside the Part 36 regime as favourably as a Part 36 offer. In Patience v …
Court of Appeal refuses to set aside settlement agreement despite new evidence of fraud
The Court of Appeal has refused to set aside a settlement agreement on the basis of new evidence indicating that the claimant's case had been …
Settlement held to release further phone hacking claims that were not known about at the time
The High Court has struck out claims for phone hacking on the basis that they were compromised by settlement agreements previously agreed between the …
A reminder of the need to be clear whether settlement negotiations are subject to contract
The High Court has held that a binding settlement was agreed in an exchange of e-mails between the parties' solicitors despite their …
Claimants who settled on "no costs" basis held liable for costs through back door
In circumstances where two claimants had settled their claims against the defendant on a "no costs" basis and a third claimant had continued to …
Court of Appeal explores ambit of the without prejudice rule
The Court of Appeal has recently held that certain correspondence marked "without prejudice" was admissible in evidence despite this label, because there …
Court of Appeal confirms time for claiming contribution to damages runs from acceptance of Part 36 offer
The Court of Appeal has held that, where a claim was settled by acceptance of a Part 36 offer, the defendant's two-year limitation period for bringing a …
Article published on effect of settlement offers in non-money claims
A recent Court of Appeal decision provides useful guidance on how the court will determine the effect of a "without prejudice save as to costs" (or …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
Court of Appeal decision underlines need for caution in settling with one or more (but not all) potential defendants
The Court of Appeal has upheld a decision striking out a misrepresentation claim on the basis that (i) the cause of action against the present defendants …
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