Tag Archives: Settlement offer

APPROVAL HEARINGS: CLAIMANTS SHOWING ADVICES TO THE DEFENDANT: A VERY PECULIAR PRACTICE

This is a post inspired by a twitter conversation.  It started as a general issue about children and approval hearings. During the course of the discussion it became clear that there were some claimant solicitors who as a matter of course would disclose the advice on settlement to the defendant. It went further some defendants request […]

THE LAST WORKING DAYS OF THE “OLD” PART 36: LINKS TO POSTS & ARTICLES ON THE NEW RULES

The new Part 36 comes into force on the 6th April. Here are links to posts and guidance in relation to the new rules on this blog and then links to many other commentators. POSTS ON THE NEW PART 36 ON THIS BLOG Post 1 Deals with the new 36. 1 – 13. The scope […]

HAYWARD MAY HAVE BEEN WAYWARD BUT THERE WAS NO LOOKING BACKWARD: SETTLED CLAIM NOT RE-OPENED

In Hayward -v- Zurich Insurance Company PLC [2015] EWCA Civ 327 today the Court of Appeal overturned a decision that a claimant should repay a large part of a personal injury award from an earlier settled action.  This decision makes it very difficult for defendants to reopen settled cases. THE CASE The claimant had been […]

THINKING OF ISSUING WITHOUT A LETTER BEFORE ACTION? THINK AGAIN IT MAY BE BAD FOR YOUR HEALTH(CARE)

In Baxter Healthcare UK Ltd -v- Fresenius Kabi* (17/09/14) Judge Hacon set out the dangers of issuing proceedings without sending a letter before action. THE ISSUES The claimant issued proceedings without sending a letter before action. The dispute was resolved. The defendant contended that the same result would have followed without the need for proceedings. […]

NO SPECIFIC FORM OF WRITTEN NOTICE IS REQUIRED TO WITHDRAW A PART 36 OFFER: THE ADVANTAGES AND DISADVANTAGES OF LEAVING A PART 36 OFFER OPEN

Part 36 offers are relatively easy to withdraw. This is demonstrated by the decision of Flaux J in of Supergroup Plc v JustEnough Software Corp Inc  where he rejected an application for a declaration that the the claimant had validly accepted a Part 36 offer made by the defendant. The offer had been validly withdrawn […]

THE DANGERS OF NOT USING PRE-ACTION PROTOCOLS & THE PRACTICE DIRECTION TO THE FULL: A WORKING EXAMPLE OF PROBLEMS CAUSED BY PREMATURE ISSUE

The next in the series was going to be a review of the rules and principles relating to pre-action conduct.   However Kerry Underwood has written a post that deals with this issue comprehensively and I have nothing to add.  Here we look at one example of problems caused by issuing without compliance.  KNOWLES –v- GOLDBORN This is […]

COSTS CONSEQUENCES OF PART 36 OFFERS: ANOTHER INTERESTING EXAMPLE

Following the earlier post on Part 36 offers I am grateful to Marcus Davies from DWF for pointing me in the direction of the decision of Mrs Justice Andrews in Davison –v- Leitch [2013] EWHC 3092 (QB). This provides another interesting example of the court considering the costs consequences when a defendant fails to beat […]