Dispute resolution

Question 1

key stages when settlement considerations are most to the fore are

Answer 1

• before the issue of proceedings
• after the statements of case have been served
• after exchange of witness statements
• after disclosure has taken place
• in the run-up to trial

Question 2

Part 36 of the Civil Procedure Rules

Answer 2

A form of offer used to settle all or part of a dispute between parties in civil litigation

Question 3

is an exploratory offer made using part 36 or not?

Answer 3

Not- this is an informal offer that is used to gauge the opponents approach and decide what a formal offer should be/what would be accepted. part 36 offers carry costs consequences

Question 4

in regards to an offer- what does a solicitor need to make their client understand?

Answer 4

• whether an offer is made
• how an offer is made
• client fully understands the liability for the costs implications of making an offer

Question 5

‘without prejudice rule’

Answer 5

• early settlement discussions are likely to be made ‘without prejudice’
• can explore the possibility of a settlement