Achieving an amicable resolution can save time, resources, and preserve relationships. Gain insights into effective techniques and strategies to facilitate settlements, ensuring fair and favourable outcomes for all parties involved. Equip yourself with proven methods to negotiate and mediate disputes efficiently.
The following Arbitration news provides comprehensive and up to date legal information on Disclosure of confidential arbitration documents to facilitate policing of an undertaking (Bourlakova & others v Edelweiss Investments Inv)
The following Dispute Resolution news provides comprehensive and up to date legal information on Fixed costs do not apply to wrongful interference with goods (Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police)
A consent order has the effect of a ‘judgment’ for the purposes of engaging the cost consequences in CPR 36.17 (Thomas v Secretary of State for the Home Department)
The following Dispute Resolution news provides comprehensive and up to date legal information on Costs recoverability following split-liability Part 36 offers (Smithstone v Tranmoor Primary School)
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Will acceptance of part payment of an outstanding debt made expressly in full and final settlement result in a binding settlement of the entire claim with the result that the claimant cannot pursue the defendant for the balance of the debt due?For the purposes of this Q&A it is assumed that one
Settling disputes—drafting the settlement agreementThis Practice Note considers the key issues when drafting a settlement agreement, including correct identification of the parties (including any relevant third parties), setting out the parties’ obligations with sufficient certainty and compulsion
Is a settlement agreement legally binding as a contract if there is no consideration in the agreement?For the purposes of this Q&A, we have focussed on agreements to refrain from instituting or continuing proceedings eg under the Employment Rights Act 1996 (ERA 1996) which satisfies the
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
0330 161 1234