Settlement

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% above base rate where it failed to accept the claimant's Part 36 … Continue reading

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Filed under Interest, Part 36 offers, Settlement

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 owe a duty of care to those officers in relation to the conduct of the litigation, not to sacrifice … Continue reading

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Filed under Settlement, Tort

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 for inducing the breach of contract: Anthony McGill v Sports & Entertainment Media Group & 8 … Continue reading

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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 important public policy role of the WP rule in encouraging settlement by ensuring parties can negotiate freely, without fear … Continue reading

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Filed under ADR, Privilege, Settlement

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 Ferster [2016] EWCA Civ 717. Upholding the decision of Rose J at first instance, the Court of Appeal found that … Continue reading

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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 by its opponent's fraudulent misrepresentations, it will not necessarily be a bar … Continue reading

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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 they should extend to claims the parties are not aware of at the time of the settlement. There is an … Continue reading

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Filed under Announcements, Settlement

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 Tanner [2016] EWCA Civ 158 the defendant's offer was not a Part … Continue reading

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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 fraudulently exaggerated:  Hayward v Zurich Insurance Co plc [2015] EWCA Civ 327. Settlement agreements may … Continue reading

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Filed under Fraud, Settlement

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 claimants and the defendant newspaper group: Brazier v News Group Newspapers Limited & Leslie v News … Continue reading

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Filed under Contract, Settlement