| 1 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 2 | Part 36: an overview Making a Part 36 offer is one of the most important tactical steps that parties can take. A Part 36 offer focuses the opponent's mind on settlement and, if settlement is not achieved, protects, to some extent, the offeror's position on costs. As a result, parties and their advisers should consider making Part 36 offers at all key stages. If a Part 36 offer has been made, they should keep under constant review whether it should be accepted, withdrawn or revised. | Practice note: overview | Maintained |
| 3 | Settlement: an overview The majority of disputes end in settlement or compromise rather than being decided by a court. Settlement can be achieved by simple negotiation or as a result of mediation or some other form of alternative dispute resolution. This note looks at all aspects of settling a dispute by negotiation, including: The effect of a settlement. Why it is important to try to reach a settlement. The without prejudice status of negotiations. The different ways of documenting a settlement. How to enforce a settlement. How to set aside a settlement. | Practice note: overview | Maintained |
| 4 | Without prejudice privilege: an overview This note considers the without prejudice (WP) rule. The WP rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them. In that it is a rule which prevents relevant material from being put before the court, it is plainly a significant one. Therefore, it is important to be aware of the nature and scope of the WP rule and the established exceptions to it. | Practice note: overview | Maintained |
| 5 | Calderbank letters A Calderbank letter is a letter containing a settlement offer and written "without prejudice save as to costs". Use of Calderbank letters has reduced dramatically since the advent of the Civil Procedure Rules and Part 36, but there are still some circumstances in which they remain a useful mechanism. This note considers the costs consequences of a Calderbank offer and the kinds of circumstances in which you might wish to use a Calderbank letter. | Practice notes | Maintained |
| 6 | Execution of deeds and documents Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009. | Practice notes | Maintained |
| 7 | Execution of documents: Companies Act 2006 A note outlining the changes to the law on execution of documents by companies under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For detailed information and sample execution clauses, see Practice note, Execution of deeds and documents. Part 4 (A company's capacity and related matters) of the 2006 Act is effective from 1 October 2009, with the exception of section 44 which came into force on 6 April 2008. | Practice notes | 06-Apr-2008 |
| 8 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 9 | Looking ahead tracker: developments in dispute resolution A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR). | Practice notes | Maintained |
| 10 | Mediation: setting aside settlements This note reviews the grounds on which it may be possible to set aside a settlement reached at mediation. It should also serve as a reminder to lawyers of the pitfalls they should avoid when negotiating a settlement in mediation. | Practice notes | Maintained |
| 11 | Mediation: settlement phase The settlement phase will follow the negotiation phase of a mediation. Any agreement between the parties will be formalised. This note suggests methods for breaking deadlock in negotiations, and outlines the points to be considered when formalising any settlement agreed by the parties, including points to be covered in the settlement agreement, and the need to dispose of any court proceedings. | Practice notes | Maintained |
| 12 | Mediation: tackling difficult parties Although mediation agreements typically provide that parties will participate in "good faith" or use "best endeavours" to negotiate an outcome, in practice, aggression, intransigence and "stalling for time" are not uncommon behaviours in mediation. This note explores some of the statgies a party or their advisers can use when faced with such behaviour. | Practice notes | Maintained |
| 13 | Part 36 offers: clarification and acceptance This is one of a number of practice notes on Part 36 offers. When a Part 36 offer is made, the offeree must decide how to respond. The offeree is entitled to seek clarification of the terms of the offer before deciding whether or not to accept it or to reject it. This practice note sets out the procedure for making a request for clarification and for accepting a Part 36 offer, and the effect of acceptance on the claim. | Practice notes | Maintained |
| 14 | Part 36 offers: content requirements and how to withdraw them This is one of a series of practice notes on Part 36 offers. Part 36 offers are one of the most important tactical steps that parties can take in legal proceedings. This practice note sets out the requirements for making a Part 36 offer. It refers to the case law which illustrates the extent to which these requirements must be complied with for an offer to be a valid Part 36 offer. It also sets out what to do if you want to withdraw or reduce a Part 36 offer. | Practice notes | Maintained |
| 15 | Part 36: costs consequences This is one of several practice notes on Part 36 offers. It sets out the principal costs consequences of accepting or rejecting a Part 36 offer. These consequences can be potentially very significant, and it is important that your client understands the implications of accepting or rejecting a Part 36 offer. The practice note also looks briefly at cases in which the courts have taken the view that it would be unjust to make the usual costs order, and at other issues that can affect costs consequences. | Practice notes | Maintained |
| 16 | Payments into and out of court This practice note explains what a payment into court in litigation is and the timing and procedure for making such payments, including the documentation required. It links to the relevant forms. It also deals with payment out of court. The note also discusses interest and dealing with payments in foreign currency. | Practice notes | Maintained |
| 17 | Settlement: construction of settlement agreements and ... This practice note summarises the principles of construction of a contract, which have been applied when the courts have been considering the meaning of compromise or settlement agreements and of consent orders. It then looks at a number of cases in which the courts have construed release clauses and consent orders. Finally, it briefly explains the approach of the courts to implying terms into contracts. | Practice notes | Maintained |
| 18 | Settlement: the effect of mistake on settlement agreements The effect of mistake on a settlement agreement can be disastrous for one or more of the parties to that agreement. The consequences range from the settlement agreement being declared void to the mistaken party being bound by the terms of an agreement which it did not think it was making. It is therefore important for practitioners, when documenting any settlement, to be aware of the potential impact a mistake could have on the settlement and to consider ways of avoiding the problems to which such a mistake may give rise.This note explains the different effects of mistake on settlement agreements, considers the approach which the courts have taken to mistake in settlement agreements and sets out some basic hints and tips for practitioners when drafting settlement agreements. | Practice notes | Maintained |
| 19 | Tactics of settlement This practice note sets out some factors that can help solicitors to advise their clients on whether, when and how to settle proceedings. | Practice notes | Maintained |
| 20 | Tax treatment of damages The tax implications of a settlement may be a determinative factor when considering whether to accept or make an offer. This note considers when awards of damages will be subject to tax as income or as chargeable gains and the tax treatment of the payment of damages. | Practice notes | Maintained |
| 21 | The attitude of the courts to mediation This note examines the court rules and the powers of the court in relation to mediation in England and Wales. It also contains an analysis of when the court has considered it reasonable to refuse to mediate and where it has penalised parties for an unreasonable refusal to mediate. | Practice notes | Maintained |