Settling disputes—what, when and why settle?

Published by a ��Ӱ�� Dispute Resolution expert

Practice notes

Settling disputes—what, when and why settle?

Published by a ��Ӱ�� Dispute Resolution expert

Practice notes

This Practice Note considers when and why achieving a Settlement of the dispute should form a part of the overall litigation strategy of conducting your Client’s case.

For guidance on who should be involved in settlement discussions, what form the settlement should take, how it should be documented and how it can be enforced, see the further guidance in this subtopic, including Practice Notes:

•
Settling Disputes—who, confidentiality and subject to contract
•
Settling disputes—settlement offers (Calderbank, WPSAC and Part 36)
•
Settling disputes—how to document a settlement
•
Settling disputes—drafting the settlement agreement

and related content.

What is settlement?

A settlement is the result of an agreement between the parties to the disputes to compromise and/or end the litigation or dispute if no proceedings have begun. It arises from an offer by one party that is accepted by the other or others. It may not involve all parties to a dispute.

’Compromise’ is a critical element. In Duke of Sussex v MGN Ltd, in the context of an argument that a losing party’s

Jurisdiction(s):

United Kingdom

Key definition:

Disputes definition

What does Disputes mean?

There is a tPR code of practice on dispute management and regulation.

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