Litigation Notes

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

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High Court finds accepted Part 36 Offer was superseded by subsequent settlement agreement 

The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer.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

Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label

In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …

Court of Appeal gives guidance on proper approach to enhanced awards where claimant beats its own Part 36 offer to settle

The Court of Appeal has held that a claimant who beat its own Part 36 offers was entitled to the full range of enhanced awards under CPR 36.17, rather …