Settlement
Litigation from a client’s perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith’s Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a webinar entitled ‘Litigation from a client’s perspective: top tips from the advocacy unit’. Murray, Pamela and David … Continue reading
Filed under Disclosure, Evidence, Experts, Privilege, Settlement
Webinar alert – Conducting litigation from the client’s perspective: top tips from the Advocacy Unit
On Wednesday 21 March (12:45 to 1:45 UK time) Murray Rosen QC, David Phillips and Pamela Kiesselbach will present a live audio webinar which will provide a practical overview providing tips for clients and in-house counsel on how to approach and conduct litigation, looking at … Continue reading
Filed under Announcements, Disclosure, Evidence, Experts, Pre-action, Settlement
Court can give judgment despite settlement
A recent Court of Appeal decision clarifies that the court has the power to hand down judgment in a case that has been fully argued, even if the parties have settled their dispute and asked that judgment not be given: … Continue reading
Filed under Judgments/Orders, Settlement
Withholding publication of judgment following settlement
In a recent case the High Court has withheld publication of its draft judgment, at the request of the parties, in light of the subsequent settlement of their dispute: Renaissance Capital Ltd v ENRC Africa Holdings Ltd (unreported, 7 April … Continue reading
Filed under Judgments/Orders, Settlement
Important lessons for settlement deeds
A recent High Court decision highlights important issues for the execution of settlement deeds and provides a useful restatement of the extent of the disclosure obligations of parties to settlement negotiations: Silver Queen Maritime Ltd v Persia Petroleum Services Plc … Continue reading
Filed under Contract, Settlement
Keeping settlement terms confidential
A recent High Court decision has important practical implications for the drafting and filing of Tomlin orders, which are commonly used to record agreed terms of settlement: ABC Ltd v Y [2010] EWHC 3176 (Ch). The judgment also helpfully reviews … Continue reading
Filed under Confidentiality, Settlement
Disclosure of confidential settlement agreements
The recent High Court judgments in the case of Cadogan Petroleum Plc and others v Mark Tolley and others [2010] EWHC 1107 and [2009] EWHC 3291 give a good illustration of when a settlement agreement with one defendant will be … Continue reading
Filed under Confidentiality, Disclosure, Settlement
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and others [2007] EWHC 625 (Ch).
Filed under ADR, Contract, Settlement
Make it clear whether or not communications are intended to be “without prejudice”
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] EWHC 3323 (Comm).
Filed under Privilege, Settlement