Settlement

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)

A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Costs order—what happens when no order is made?

The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...

9th Nov

Practice notes

Relief from sanctions—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

COVID-19

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 9th Nov

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Just and equitable winding-up—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...

Produced in partnership with Mark Hubbard of New Square Chambers 9th Nov

Practice notes

Costs orders—Sanderson and Bullock orders

Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...

Produced in partnership with Nevil Phillips of Quadrant Chambers 9th Nov

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 9th Nov

Scottish Law

Practice notes

Cause of action estoppel

Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...

Produced in partnership with Jack Mitchell of Old Square Chambers 9th Nov

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

Admissibility of expert evidence

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...

9th Nov

Practice notes

Proprietary remedies (including following and tracing)

What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...

9th Nov

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman of Hailsham Chambers 9th Nov

Practice notes

Forming enforceable contracts—the court's general approach

Note: this Practice Note is concerned only with the creation of binding legal relations by way of contract (whether in writing or orally) and is not...

9th Nov

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Most recent Settlement content

Q&As

Where a Part 20 defendant wishes to settle the claim against them, is it enough for the Part 20 defendant to settle with the Part 20 claimant (ie the defendant in the main claim) or does the main claimant also need to be a party to the settlement?

The treatment of a Part 20 claim is set out in CPR 20.3(1) as follows: ‘an additional claim shall be treated as if it were a claim for the purposes of...

27th Nov

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman of Hailsham Chambers 27th Nov

Q&As

Can a Part 20 defendant to an additional claim settle the main action with the claimant even though the Part 20 defendant is not a party to that claim? Can a Part 20 defendant to an additional claim obtain any costs protection by making an offer to settle to the claimant in the main action?

CPR 20.2(2)(a) defines an additional claim as any claim other than the claim by the claimant against the defendant and is distinguished from a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 27th Nov

Practice notes

Part 36 costs—key and illustrative decisions

Practice Note: Part 36 offers—when are Part 36 costs 'unjust'? considers when the court might disapply the ‘default’ Part 36 costs consequences by...

26th Nov

Practice notes

Settling disputes—how to document a settlement

This Practice Note identifies the different means by which a settlement can be documented, namely by exchange of correspondence, contract, deed,...

26th Nov

In-house

Practice notes

Settling disputes—was a binding agreement concluded?

This Practice Note considers the issues that can arise in determining when, precisely, a binding settlement of a dispute has been concluded.For...

Produced in partnership with Helen Swaffield of Contract Law Chambers 26th Nov

Practice notes

Settling disputes—who, confidentiality and subject to contract

This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject...

Produced in partnership with Helen Swaffield of Contract Law Chambers 26th Nov

Practice notes

Part 36 offers—multiple defendants or multiple proceedings

This Practice Note considers Part 36 offers, setting out some of the decisions dealing with the application of the provisions in Part 36 to disputes...

Produced in partnership with Imran Benson of Hailsham Chambers 26th Nov

Q&As

Two parties have claims against one another which are unconnected. One of the parties makes a Part 36 offer in respect of both claims. They have not been consolidated. Is that Part 36 offer a valid Part 36 offer considering those claims are not connected except by the parties?

CPR 36 sets out a self-contained procedural code relating to offers to settle made pursuant to its terms. CPR 36 offers are a powerful weapon in a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Nov

Q&As

Where a non-Part 36 Offer has been received, is it possible to make a counter-offer pursuant to Part 36 for the same sum of money that you have been offered?

Where a party makes a non-Part 36 offer then the general common law rules of contract law, with regard to offer and acceptance, apply.If you wish to...

23rd Nov

Practice notes

Settlement—costs recovery

This Practice Note considers the costs position where parties have reached a settlement as to the underlying substantive dispute but have been unable...

20th Nov

Practice notes

Settling disputes—what, when and why settle?

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border...

Produced in partnership with Helen Swaffield of Contract Law Chambers 20th Nov

Q&As

Where a claimant makes a Part 36 offer and the judgment is ‘at least as advantageous’ as the offer, are costs budgets relevant when determining the claimant's costs?

The impact of the Part 36 offer and the non-acceptance will depend on whether the old CPR 36 provisions apply or whether the new Part 36 provisions...

20th Nov

Precedents

Offer to settle—termination for non-payment

Without prejudice, save as to costs[Sir OR Madam],[insert name of agreement]: [insert client name] and [insert counter-party name]1We refer to our...

20th Nov

Precedents

Offer to settle—termination for other breaches

Without prejudice, save as to costs[Sir OR Madam],[insert name of agreement]: [insert client name] and [insert counter-party name]1We refer to our...

20th Nov

Practice notes

Enforcing settlement agreements concluded pre-action

Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been...

Produced in partnership with Helen Swaffield of Contract Law Chambers 18th Nov

Practice notes

Settling disputes—settlement offers (Calderbank, WPSAC and Part 36)

This Practice Note identifies the different forms which an offer to settle a dispute may take, from open offer letters and Calderbank (without...

18th Nov

In-house

Practice notes

Settlement agreements—the effect on litigation

This Practice Note considers the effect of a settlement agreement on litigation, as to settlement preventing further litigation (and the exceptions to...

18th Nov

Practice notes

When can you set aside a settlement agreement?

This Practice Note considers the circumstances in which a settlement agreement may be set aside, including on the grounds of validity, whether by...

18th Nov

Practice notes

Settlement agreements—interpretation

This Practice Note considers the effect of the settlement with regard to general principles of contract interpretation and the implication of terms,...

18th Nov