Settlement and settling disputes

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Practice notes
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury...
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Produced in partnership with Sue Brown 19th May
Practice notes
Time limits under the Limitation Act 1980—personal injury claimsThe Limitation Act 1980 is referred to as LA 1980.LA 1980 sets out the time limits...
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19th May
Practice notes
Did the claimant consent to the risk of injury?The essence of a defence of volenti non fit injuria (‘to a willing person, no injury is done’) is that...
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19th May
Practice notes
The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its...
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19th May
Practice notes
Product liability—claims in negligenceThe duty of careThe general principles of negligence apply, namely that the claimant has to establish that the...
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19th May
Practice notes
Fee remissionsIntroductionCourt and tribunal fees are, for many, prohibitively high. For those in the most straitened circumstances, fee remissions,...
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Produced in partnership with David Willink of Lamb Chambers 19th May
Practice notes
The court’s power to extend the time limit—section 33 of the Limitation Act 1980The Limitation Act 1980 is referred to as LA 1980.The power to...
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19th May
Q&As
Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment...
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Produced in partnership with David Sawtell of 39 Essex Chambers 19th May
Practice notes
Uninsured drivers and the role of the MIB—for accidents occurring on or after 1 August 2015NOTE: This Practice Note deals with the MIB Uninsured...
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19th May
Q&As
What costs are payable on a matter which is in the MOJ portal but settles for less than £1,000? At the time that the matter was entered in the portal...
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19th May
Practice notes
Applying for an interim payment order in personal injury claimsTiming and procedureA claimant can apply for an interim payment order after the end of...
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Produced in partnership with Andrew Wilson 19th May
Practice notes
Loss of congenial employmentNature of the awardA claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial...
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19th May
Practice notes
Loss of pension—personal injury claimsNOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced...
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19th May
Practice notes
Contributory negligence in road traffic accidentsIn some instances someone may suffer damage that results partly from their own fault and partly from...
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19th May
Practice notes
Misfeasance in public officeThe tort of misfeasanceMisfeasance in public office is a tort that is rarely invoked in personal injury claims. It is only...
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19th May

Most recent Settlement and settling disputes content

Practice notes
Costs consequences of refusing to mediate—key and illustrative decisionsThis Practice Note summarises the key decisions illustrating the court’s...
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14th Jun
Q&As
My client was due to execute a settlement agreement by deed at our offices. Where that individual is no longer able or willing to travel, can they...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
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...
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Produced in partnership with Helen Swaffield of Contract Law Chambers 11th Jun
Practice notes
Settling disputes—negotiation strategyCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by...
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Produced in partnership with Helen Swaffield of Contract Law Chambers 11th Jun
Practice notes
Without prejudice communicationsThis Practice Note explains the without prejudice rule (WP rule) which affects the admissibility of evidence relating...
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11th Jun
Practice notes
Settling disputes—drafting the settlement agreementThis Practice Note considers the key issues when drafting a settlement agreement, including correct...
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7th Jun
Q&As
In a settlement agreement can the termination date be later than the date of the settlement agreement?This Q&A assumes that termination refers to...
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6th Jun
Q&As
Can a part 36 offer state that parties are to enter into a supplemental agreement which is to be negotiated at a later date or does the document have...
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6th Jun
Q&As
Can a public body keep confidential the terms of any settlement agreement it enters into?As set out in Practice Note: Settling disputes—who,...
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6th Jun
Q&As
In the small claims track, if the matter settles after the claim is issued but before the trial is heard, who is responsible for paying the court...
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Produced in partnership with David Willink of Lamb Chambers 6th Jun
Q&As
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...
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Produced in partnership with Richard Colbey of Lamb Chambers 5th Jun
Q&As
When is a settlement offer validly made and accepted? Are there circumstances in which an offer will be rejected by way of a counter offer?Generally,...
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5th Jun

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