Settlement and settling disputes

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Settlement and settling disputes guidance:

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

Precedents

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

Precedents

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

Precedents

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

Precedents

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs...

Practice Note

It is clear that an unreasonable refusal to mediate or engage in some other form of alternative dispute resolution (ADR) process may well render a party liable to costs...

Practice Note

Produced in partnership with Leigh Callaway of Fladgate LLP This Agreement is made the day of 20[insert year] Parties: 1 [insert name of party], a company registered in...

Precedents

Produced in partnership with Leigh Callaway of Fladgate LLP This Agreement is made the day of 20[insert year] Parties: 1 [insert name of party], a company registered in...

Precedents

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

Precedents

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

Precedents

This Practice Note considers how to enforce a settlement agreement concluded after proceedings have been issued. For guidance on enforcing a settlement concluded before...

Practice Note

Unlike a settlement arrived at after proceedings have been issued, where the parties agree to settle their dispute before proceedings have been commenced, then there are...

Practice Note

Without prejudice, save as to costs [Sir OR Madam], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 We refer to our [open] letter [of...

Precedents

Without prejudice, save as to costs [Sir OR Madam], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 We refer to our [open] letter [of...

Precedents

This Settlement Agreement (the 'Agreement') is made the [insert date] day of [insert month] [insert year] Parties 1 [insert name of party] a company incorporated in...

Precedents

This Practice Note considers the effect of the settlement with regard to general principles of contract interpretation and the implication of terms, as well as the...

Practice Note

This Practice Note considers the effect of a settlement agreement on litigation, as to settlement preventing further litigation (and the exceptions to this), preserving...

Practice Note

Settlement negotiations in arbitration If, during the course of an arbitration, the parties wish to enter into settlement negotiations or an ADR process such as...

Practice Note

This Practice Note considers the costs position where parties have reached a settlement as to the underlying substantive dispute but have been unable to reach an...

Practice Note

This Practice Note considers the key issues when drafting a settlement agreement, including correct identification of the parties (including third parties as...

Practice Note

This Practice Note identifies the different means by which a settlement can be documented, by exchange of correspondence, contract, deed, Tomlin order or consent order...

Practice Note

This Practice Note considers how to adopt a negotiation strategy including tips on fact management, client objective (including ‘best alternative to a negotiated...

Practice Note

This Practice Note identifies the different forms which an offer to settle a dispute may take, from open offer letters and Calderbank (without prejudice save as to costs)...

Practice Note

This Practice Note considers the issues that can arise in determining when, precisely, a binding settlement of a dispute has been concluded. For guidance on enforcing...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border mediations. For guidance,...

Practice Note

This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject to contract when...

Practice Note

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 division] [Specify...

Precedents

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross...

Practice Note

This Practice Note considers the circumstances in which you may seek to set aside a settlement agreement including on the grounds of validity, whether by reason of...

Practice Note

This Practice Note explains the without prejudice rule which affects the admissibility of evidence relating to genuine settlement negotiations and describes what makes...

Practice Note
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