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The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—4 September 2025
The following Dispute Resolution news provides comprehensive and up to date legal information on Baker Botts gets early US$1m win in US$7m tycoon fee dispute
Part 36 offer not a genuine attempt to settle the proceedings as a whole (Matiere SAS (a company incorporated under the laws of France) v ABM Precast Solutions Ltd)
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
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
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