All blog posts
Showing 7 out of 7 results
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 …
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 …
Showing 7 out of 7 results
