All blog posts
Showing 36 out of 63 results
Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement
The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …
High Court finds impliedly "without prejudice" correspondence admissible on questions of costs
In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …
46 countries sign the new Singapore Convention on mediated settlements
The Singapore Convention, more formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation, was …
Margin by which party beat own Part 36 offer not relevant in determining costs consequences
The High Court has found that, where a claimant beat its own Part 36 offer by only a very small margin relative to the size of the claim, that was not a …
Court of Appeal finds defendant gave good consideration for varied settlement in agreeing to give up defence that was later found to be without merit
The Court of Appeal has recently upheld a first instance decision that there was a binding agreement to vary a settlement agreement: Simantob v …
High Court finds parties agreed to vary application of "without prejudice" rule in subsequent "without prejudice save as to costs" correspondence
The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" …
Court of Appeal decision emphasises need to plead conspiracy claim in full
In a recent decision, the Court of Appeal upheld the High Court's refusal to allow the claimants to pursue claims in unlawful means conspiracy: Elite …
The perils of withdrawing Part 36 offers after trial (or any time)
The High Court has found that defendants who made a Part 36 offer, which the claimant failed to beat, should not be awarded any of their costs where the …
Court of Appeal confirms offer relating to proposed claim by amendment was not valid Part 36 offer
The Court of Appeal has upheld a High Court decision that an offer to settle was not valid under CPR Part 36 as it related only to a claim put forward …
Part 36 offers to settle: some lessons from recent decisions
This post discusses practical points arising from four recent decisions relating to Part 36 offers - though of course each case will turn on its facts …
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% …
Showing 36 out of 63 results
View moreKey contacts
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