Settlement and settling disputes

Many disputes are settled. We have produced several Practice Notes and Precedents to guide you through the process of considering and conducting settlement negotiations, making different kinds of offer to settle, and drafting and interpreting settlement agreements.

For detailed guidance and Precedents on Part 36 offers, see: Part 36 offers—overview. For detailed guidance on the various forms of alternative dispute resolution (ADR), including mediation, see: ADR and dispute resolution clauses—overview and �ѱ�徱��پ��ǲ�—o�� and related content.

The need to seek to settle disputes

Integral to a dispute resolution lawyer’s work is achieving the settlement of disputes. In addition to the client’s own internal drivers such as relationship preservation and avoiding wasting management time, there are civil justice system drivers, not least of which are costs pressures and penalties, working to encourage parties to at least attempt to settle their disputes.

For detailed guidance on why you should actively consider settlement prospects when advising your clients with disputes, when settlement may be possible and should certainly be considered, including the consequences of failing to engage in settlement attempts, see Practice Notes:

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Settling disputes—what, when and why settle?

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Latest Dispute Resolution News

Dispute Resolution weekly highlights—24 October 2024

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the 174th Practice Direction update (small claims track automatic referral to mediation pilot scheme) and the Supreme Court decision in Oakwood Solicitors Ltd v Menzies (costs); dates for your diary; details of our most recently published content; and other information of general interest to Dispute Resolution practitioners.

Supreme Court held that the police cannot be held liable for ‘making matters worse’ (Tindall and another v Chief Constable of Thames Valley Police)

The Supreme Court unanimously dismissed the appeal, holding that the police cannot be held liable for ‘making matters worse’. Ella Davis, barrister at Deka Chambers, who acted on behalf of the respondent in this case, and Nicholas Bowen KC,barrister at Doughty Street who acted on behalf of the appellants, comments on the Supreme Court’s judgment.

Supreme Court finds that there must be agreement from the client for there to be ‘payment’ of the bill of costs (Oakwood Solicitors Ltd v Menzies)

The Supreme Court has unanimously allowed Mr Menzies’ appeal, holding that there must be an agreement as to the amount to be paid in respect of the bill of costs and that the delivery of the bill alone does not suffice and restoring the order for an assessment. Shilpa Shah of Ropewalk Chambers, David Juckes of Hailsham Chambers and Nicola Shaldon of 4 New Square Chambers discuss the implications of the judgment.

HMCTS announces the opening of new courts and tribunals centre in Leeds

The HM Courts & Tribunals Service (HMCTS) has announced the opening of four new business and property courtrooms and eight new employment tribunal rooms in Leeds to deal with disputes ranging from property disputes to employment rights. The opening of the courts and tribunals center, which took place on 21 October 2024, aims to make justice more accessible to the claimants and defendants of West Yorkshire. The site will provide space for the Business and Property Court and enable it to deliver swift justice. The new courtrooms will ease the Leeds Crown Court’s caseload, where these cases were previously heard, by diverting cases to the new facility. These additional courtrooms are a part of wider plans to reduce the backlog of long-term cases and make sure the court estate is suitable for its intended use.

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