Settlement

View PI & Clinical Negligence by content type:

News

Practice notes

Precedents

Q&As

Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

The following Dispute Resolution news provides comprehensive and up to date legal information on Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

The Limitation Act 1980 is referred to as LA 1980.The power to disapply the primary limitation periodWhen dealing with personal injury claims that...

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Part 36 offers in PI and clinical negligence claims

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this,...

Practice notes

Misfeasance in public office

The tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only available against public...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Interest on general damages, special damages and judgment debt

Interest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is...

9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 12th Jan

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 12th Jan

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Time limits under the Limitation Act 1980—personal injury claims

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...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

What is fundamental dishonesty?

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...

9th Nov

Practice notes

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

9th Nov

In-house

Practice notes

Qualified one-way costs shifting (QOCS)

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...

9th Nov

Practice notes

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 12th Jan

Most recent Settlement content

Practice notes

Settling disputes—what, when and why settle?

This Practice Note considers when and why achieving a settlement of the dispute should form a part of the overall litigation strategy of conducting...

Produced in partnership with Helen Swaffield of Contract Law Chambers 7th May

Practice notes

Part 36 offers—split trial cases

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...

7th May

Practice notes

Part 36 offers—withdrawing a Part 36 offer

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...

7th May

Practice notes

Tomlin orders

This Practice Note considers Tomlin orders, which are often used in settling litigation. A Tomlin order comprises a consent order and a schedule. It...

7th May

Precedents

Tomlin order

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

5th May

Practice notes

Tomlin orders—court and court guide specific requirements

This Practice Note considers the different court (including court guide) specific requirements when drafting and filing Tomlin orders. For general...

5th May

Q&As

In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?

There is potentially a difference between the use of the words ‘will,’ ’shall’ or ‘must’ but it depends on the context and the document as a...

Produced in partnership with Iqbal Mohammed of St Philips Chambers 4th May

Practice notes

Without prejudice communications

This Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating to genuine settlement...

29th Apr

In-house

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...

27th Apr

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...

22nd Apr

In-house

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...

20th Apr

In-house

Practice notes

Choosing a mediator

This Practice Note considers how to find and choose a mediator. It raises issues such as the mediation clause, drafting the mediation agreement,...

15th Apr

Practice notes

Costs consequences of refusing to mediate—key and illustrative decisions

This Practice Note summarises the key decisions illustrating the court’s approach when considering whether or not to penalise a party in costs for...

15th Apr

Q&As

Party A is conducting settlement negotiations with Party B and Party C separately in relation to a professional negligence matter. Party B is the allegedly negligent professional and Party C is being asked to rectify the document negligently prepared by Party B. Does Party A have to inform Party B or Party C if a settlement agreement is concluded with the other party? Is the position different if proceedings have already been commenced?

Where there are multiple parties to litigation, and various different permutations of liability, it may become the case that one party is speaking to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Apr

Practice notes

Part 36 offers—fixed and capped costs

This Practice Note considers the relationship between Part 36 offers and the specific costs recovery regime of CPR 36 with the CPR 45 provisions on...

Produced in partnership with Imran Benson of Hailsham Chambers 13th Apr

Practice notes

Part 36 offers—who can and when to make them?

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...

13th Apr

Precedents

Drop-hands settlement offer—pre-action

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Apr

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Apr

Precedents

Calderbank claimant settlement offer post-issue

[ON YOUR LETTERHEAD]WITHOUT PREJUDICE SAVE AS TO COSTS[SUBJECT TO CONTRACT][Insert date][Insert name and address of other party’s solicitor]Dear...

9th Apr

Precedents

ADR Notice—ADR clause

Private & confidential[Insert name and address of other party's solicitors][Insert date]Dear [insert organisation name][Insert case heading]—ADR...

9th Apr

First
1
2
3
4
5
Last

Settlement

View PI & Clinical Negligence by content type:

Latest PI & Clinical Negligence News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Norwich Pharmacal order—application to cross examine on the disclosure affidavit (Stokoe Partnership v Grayson)

Client’s retention of shares did not trigger liability to his lawyers under damages-based agreement, nor was he in breach of worldwide freezing order (Tonstate Group Ltd and others v Wojakovski and others)

Featured PI & Clinical Negligence content

Claims for lost years

The court’s power to extend the time limit—section 33 of the Limitation Act 1980

Applying for an interim payment order in personal injury claims

Part 36 offers in PI and clinical negligence claims

Most recent Settlement content

Popular documents

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Tort—the different types of tort

Involuntary manslaughter

What is a third party debt order (TPDO)?

Contact Us

Popular Links

Policies

Follow us