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.
Dispute Resolution analysis: The Court of Appeal dismissed the claimant’s appeal, holding that J D Wetherspoon plc was not vicariously liable for an...
Arbitration analysis: The High Court held that a party to an English-seated arbitration cannot circumvent the supervisory jurisdiction of the courts...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Arbitration analysis: The Court of Appeal held that Moscow mortgage enforcement proceedings were not brought in breach of a Vienna-seated arbitration...
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...
Part 36 offers—pre-action costs recoveryThis Practice Note provides information on pre-action costs recovery under Part 36, explaining when pre-action costs can be recovered under Part 36 and what happens if a Part 36 offer is made and accepted before proceedings commence.Can pre-action costs be
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
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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