Settlement and settling disputes

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Many disputes are settled. We have produced several Practice Notes and Precedents to guide you through the process of considering and conducting settlement negotiations, making different kinds of offer to settle, and drafting and interpreting settlement agreements.

For detailed guidance and Precedents on Part 36 offers, see: Part 36 offers—overview. For detailed guidance on the various forms of alternative dispute resolution (ADR), including mediation, see: ADR and dispute resolution clauses—overview and Mediation—overview and related content.

The need to seek to settle disputes

Integral to a dispute resolution lawyer’s work is achieving the settlement of disputes. In addition to the client’s own internal drivers such as relationship preservation and avoiding wasting management time, there are civil justice system drivers, not least of which are costs pressures and penalties, working to encourage parties to at least attempt to settle their disputes.

For detailed guidance on why you should actively consider settlement prospects when advising your clients with disputes, when settlement may be possible and should certainly be considered, including the consequences of failing to engage in settlement attempts, see Practice Notes:

  1. •

    Settling disputes—what, when and why settle?

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No judgment needed—Part 36 still bites on costs assessment (R(PM) v The Director of Public Prosecutions)

Dispute Resolution analysis: Does the absence of a judicial determination prevent Part 36 consequences, specifically those under CPR 36.17(4) from arising? The Senior Courts Costs Office considered that in circumstances where there is a live Part 36 offer this still amounts to the resolution of the claim and that accordingly Part 36 consequences apply where a detailed assessment is concluded by agreement rather than assessment, particularly where the settlement figure ultimately results in an earlier Part 36 offer being beaten. Written by Adam Fox, costs lawyer and director at NWL Costs Lawyers.

King’s Bench Division publishes King’s Bench Guide 2026

The King’s Bench Division has published the King’s Bench Guide 2026, the twelfth edition of its guide to the working practices of the King’s Bench Division, providing updated practical guidance for those practising or litigating in the Division.

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The Association of Personal Injury Lawyers (APIL) has announced a campaign calling for legislative change to equalise compensation treatment for all asbestos-related lung cancer victims. The campaign is being conducted in collaboration with the Asbestos Victims Support Group Forum and West Dunbartonshire Labour MP, Douglas McAllister. Under the Compensation Act 2006, mesothelioma victims can obtain full compensation by tracing a single former employer, whereas asbestos-related lung cancer victims must trace all responsible employers or their insurers to receive full compensation. The campaign seeks to extend the same compensation framework to asbestos-related lung cancer victims. McAllister will raise the campaign during an adjournment debate in the House of Commons on 16 March 2026.

Minutes of the CPR Committee meeting—6 February 2026

Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) meeting of 6 February 2026 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover issues including housing conditions PAP amendments following ‘Awaab’s Law’, civil enforcement reform work arising from the Civil Justice Council (CJC) report, contempt of court developments, proposed amendments to CPR 64 and work on transitional provisions across the CPR.

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