Settlement

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Settlement guidance:

Note: This Practice Note is of largely historical interest. In January 2010 Lord Justice Jackson published his Review of Civil litigation Costs: Final Report, see...

Practice Note

This Practice Note provides a summary analysis, in table format, of the revised CPR 36 which came into effect on 6 April 2015 as against the old Part 36 rules (in force...

Practice Note

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

Practice Note

The mediator is a vital part of the mediation process. If the mediation is to be successful, the parties must trust their mediator and have confidence in their abilities....

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

While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS Trust made it clear that...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note traces the route to reform of Part 36 in April 2015. It is adapted from material...

Practice Note

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

This Practice Note illustrates the CPR 36 provisions affecting the acceptance and disclosure of Part 36 offers made in the context of split trial cases, resulting from...

Practice Note

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 Practice Notes that were...

Practice Note

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 of a series of...

Practice Note

This Practice Note considers: • the basis of your obligations with regard to alternative dispute resolution (ADR) generally • your obligations with regard to advising...

Practice Note

Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitration ADR clause/notice—a clause in a contract which provides for ADR...

Practice Note

ARCHIVED: This Practice Note has been archived and is not maintained. The provisions in this Practice Note came to an end on Monday 31 March 2014 when the second...

Practice Note

What is mediation? Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR). It is a form of assisted ADR in the sense that there...

Practice Note