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: In Bassey v Whittaker, Mr Justice Cavanagh held that, absent agreement between the parties, a significant development in...
The Online Procedure Rule Committee has published a draft practice direction setting out the procedures that would apply to online County Court...
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Dispute Resolution analysis: Following the dismissal of the claimants’ claims, it was ordered that they pay the defendant’s costs on the indemnity...
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...
Settling disputes—what, when and why settle?This Practice Note considers when and why you should attempt to settle disputes and the consequences for not attempting to reach settlement if directed to attempt it.For guidance on who should be involved in settlement discussions, what form the settlement
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
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 conditions
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
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