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” (“WP”) negotiations (including a mediation and subsequent discussions) was admissible in an application for costs against the claimant’s lawyers: Willers v Joyce & Ors [2019] EWHC 937 (Ch). The court accepted that … Read more

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made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the offer was withdrawn after trial and before judgment: Britned Development Ltd v ABB AB [2018] EWHC 3142 (Ch). Had the offer remained on the table until judgment, … Read more

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 and so the points outlined will not necessarily be of universal application. (1) A term as to costs which is (even slightly) inconsistent with the effect of Part 36 itself … Read more

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 their interests and professional reputation without good reason and reasonable warning: James-Bowen v Commissioner of … Read more