Settlement

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Practice notes
This Practice Note looks at how to make an interim application under Part 23 of the CPR. It considers what you need to file ie the application notice...
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20th Oct
Practice notes
This case tracker considers case law to date on fundamental dishonesty particularly in the context of the court’s power to dismiss a claim under...
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8th Oct
Practice notes
The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...
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2nd Oct
Practice notes
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a...
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26th Sep
Practice notes
Most road traffic cases turn on their particular facts.There are few hard and fast rules, and disapproval of the excessive citation of authority has...
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26th Sep
Practice notes
General damagesPain, suffering and loss of amenityThe court will make a monetary award to reflect the gravity of an injury and the effect it has had...
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26th Sep
Practice notes
The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable...
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26th Sep
Practice notes
Contributory negligenceThe question of contributory negligence is dependent on the facts of the case. In Davies the Court of Appeal stated that...
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26th Sep
Practice notes
The Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits within which claimants are entitled to bring claims of various...
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26th Sep
Practice notes
NOTE: The 8th edition of the Ogden Tables was published on 17 July 2020 and contains revised actuarial tables which can be accessed here.NOTE: On 15...
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26th Sep
Practice notes
This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...
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26th Sep
Practice notes
The main aim of the Criminal Justice and Courts Act 2015 (CJCA 2015) is to make provision about how offenders are dealt with before and after...
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25th Sep
Practice notes
In some instances someone may suffer damage that results partly from their own fault and partly from the fault of someone else. A claim in respect of...
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25th Sep
Practice notes
Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...
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25th Sep
Practice notes
Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...
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25th Sep
Practice notes
The question of whether a road user has failed to drive with reasonable care is fact sensitive.Evidence of negligence may be gleaned from the...
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25th Sep

Most recent Settlement content

Practice notes
The opening presentations will be made by each party in a joint meeting at the beginning of the mediation, for further detail of how mediations may...
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25th Sep
Practice notes
Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been...
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25th Sep
Practice notes
This Practice Note considers the costs position where parties have reached a settlement as to the underlying substantive dispute but have been unable...
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25th Sep
Practice notes
Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitrationADR clause/notice—a clause in a contract...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
This Practice Note illustrates the transitional provisions for CPR 36 following the re-writing of CPR 36 April 2015. It forms part of a series of...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
This Practice Note illustrates the CPR 36 provisions for varying Part 36 offers resulting from the re-writing of CPR 36 in April 2015. It forms part...
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25th Sep
Practice notes
This Practice Note considers the effect of a settlement agreement on litigation, as to settlement preventing further litigation (and the exceptions to...
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25th Sep
Practice notes
Note: This Practice Note is for historical reference, showing the changes to CPR 36 effective as at 6 April 2007, so as to distinguish the law from...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
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...
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25th Sep
Practice notes
This Practice Note considers the effect of the settlement with regard to general principles of contract interpretation and the implication of terms,...
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25th Sep
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
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25th Sep
Practice notes
To decide whether or not to accept a Part 36 offer you need to understand both the general rule as to costs and the specific costs consequences in...
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25th Sep
Practice notes
This Practice Note illustrates the CPR 36 provisions affecting the acceptance and disclosure of Part 36 offers made in the context of split trial...
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25th Sep
Practice notes
This Practice Note addresses the court’s power to encourage resolution through the ADR mechanism of mediation. The leading case is Halsey v Milton...
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25th Sep

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