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Showing 48 out of 65 results
Court of Appeal decision reiterates need for care when settling with one of a number of defendants
The Court of Appeal has held that a claimant who settled a conspiracy claim against one defendant by recording the terms in a consent order, which was …
Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers
The Court of Appeal has held that a defendant should have been ordered to pay enhanced interest on both damages and costs at the maximum rate of 10% …
Employers may owe duty of care to employees in conduct and settlement of claims
The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably …
Court of Appeal finds settlement with contract breaker did not release claims against others who induced the breach
The Court of Appeal has held that a claimant's previous settlement with a contract breaker did not discharge his claims against the present defendants …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it …
Recent decisions highlight potential disadvantages of making offers outside Part 36
In two recent decisions, the courts have refused to treat offers which fell outside the Part 36 regime as favourably as a Part 36 offer. In Patience v …
Court of Appeal refuses to set aside settlement agreement despite new evidence of fraud
The Court of Appeal has refused to set aside a settlement agreement on the basis of new evidence indicating that the claimant's case had been …
Settlement held to release further phone hacking claims that were not known about at the time
The High Court has struck out claims for phone hacking on the basis that they were compromised by settlement agreements previously agreed between the …
A reminder of the need to be clear whether settlement negotiations are subject to contract
The High Court has held that a binding settlement was agreed in an exchange of e-mails between the parties' solicitors despite their …
Claimants who settled on "no costs" basis held liable for costs through back door
In circumstances where two claimants had settled their claims against the defendant on a "no costs" basis and a third claimant had continued to …
Showing 48 out of 65 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London