Settlement
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 … Continue reading
Filed under Part 36 offers, Settlement
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 satisfied, could not continue its claim against another defendant who was liable for … Continue reading
Filed under Judgments/Orders, 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
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
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
Filed under Settlement
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
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
Filed under ADR, Privilege, Settlement
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
Filed under Fraud, Settlement
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
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
Filed under Part 36 offers, Settlement