Litigation Notes

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

Part 36 offer to settle "the whole of the claim" did not include claims set out in draft amended pleadings

Commercial litigation podcast series – Episode 17: General update

Court of Appeal finds settlement agreement released unknown fraud claims despite lack of express words to that effect

Court can refuse to accept a party's undertakings as part of settlement

Court of Appeal interprets settlement agreement as releasing party's own affiliates, including former administrators and their solicitors

The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties' affiliates …

High Court hands down judgment despite the proceedings having settled before circulation of the draft judgment

High Court finds settlement agreement released unknown fraud claims despite absence of express words covering fraud

High Court confirms need for clear indication if shifting from "without prejudice" to "open" communications

The High Court has held that the protection attached to a chain of emails marked "without prejudice" extended to a subsequent email even though it was …

High Court finds accepted Part 36 Offer was superseded by subsequent settlement agreement 

The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer. The settlement …

High Court implies term into settlement agreement enabling claims against remaining parties to continue

In the context of claims relating to an allegedly fraudulent investment scheme, the High Court has held that a settlement agreement reached between the …

High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment