4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:

Size: px
Start display at page:

Download "4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:"

Transcription

1 Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements and may be said to have funded or controlled litigation. 2. The jurisdiction to make such an order against a third party arises under section 51 of the Senior Courts Act; this gives no guidance on when such a third party costs order should be made: it merely provides in sub-section (1) that costs are in the discretion of the Court and in sub-section (3) that The court shall have full power to determine by whom and to what extent the costs are to be paid. 3. In Symphony Group PLC v Hodgson [1994] QB 179 Balcombe LJ stated that an order for the payment of costs by a non-party will always be exceptional. Subsequently, the threshold seems to have been set somewhat lower than that phrase might imply. 4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified: exceptional in this context means no more than outside the ordinary run of cases where parties pursue or defend claims for their own benefit and at their own expense. The ultimate question in any such exceptional case is whether in all the circumstances it is just to make the order. 1

2 Generally speaking the discretion will not be exercised against pure funders, described in paragraph 40 of Hamilton v Al fayed as those with no personal interest in the litigation, who do not stand to benefit from it, are not funding it as a matter of business, and in no way seek to control its course Where however the non-party not merely funds the proceedings but substantially also controls or at any rate is to benefit from them, justice will ordinarily require that, if the proceedings fail, he will pay the successful party s costs. The non-party in these cases is not so much facilitating access to justice by the party funded as himself gaining access to justice for his own purposes. He himself is the real party to the litigation, a concept repeatedly invoked throughout the jurisprudence...nor indeed is it necessary that the non-party be the real party..., provided that he is a real party in...very important and critical respects 5. So the test is whether the solicitor was a real party in the proceedings in the sense that it not only funded the proceedings but controlled or was to benefit from them. 6. A number of cases have considered applications against solicitors acting on CFAs, and the courts have grappled with the question of when the solicitor s conduct has been such as to indicate that it is a real party to the proceedings, beyond the mere fact of acting on a CFA - which of course in itself cannot be criticised, but where the solicitor by definition does have a financial interest in a favourable outcome to recover its profit costs and a success fee from the opponent. 2

3 7. In Germany v Flatman [2011] EWHC 2945 Eady J was concerned with an application for disclosure against solicitors and placed importance on the solicitor s expectation of recovering any funds it had advanced: 23. It is thus necessary for me not to lose sight of the public policy aim of discouraging weak claims and, in particular, enabling successful defendants to recover their costs in actions brought against them by indigent claimants. This is a factor which has relevance to the present appeals. 24. The CFA regime offers solicitors the opportunity sometimes to profit significantly from a piece of litigation. In these two cases, GMS plainly stood to gain if the litigation could be sustained. In such cases, where the proposed claimant is impecunious, it may take only a limited sum of money to launch the litigation and thus provide those opportunities. Yet the litigant himself may not be in a position to prime the pump with the necessary disbursements. That is the kind of situation where there is scope for ambiguity. 25. If the solicitor pays for the court fees (say) or expert reports at the beginning of a personal injury claim, on the basis that the client will reimburse him later, there is nothing inherently improper about that: see e.g. the observations of Lord Brown in Dymocks, cited above, at [35]. On the other hand, if the sums are paid out by the solicitor, whether from client account or office account, on the basis that they will be recovered from the other side, in the event of success, or not at all in the event of failure, that would be a different matter. The solicitor would indeed then have become a funder, albeit sometimes in only a small way. He may have the capacity to make the difference between the defendant in question being sued, with all the cost 3

4 and vexation involved, and his being left in peace. What is more, in such a hypothetical situation the solicitor would clearly be providing the funds in the way of business in effect laying out a modest investment with a view to significant gains for himself or his firm if the claimant succeeds (perhaps greater gains than those actually accruing to the client). For reasons of public policy, it may well be thought that any such funding role, on the part of a solicitor, should only be countenanced, and regarded as legitimate, if it carries with it at least the risk of having to pay the defendant s costs, or part of them, if he is ultimately successful. 8. In Myatt v National Coal Board [2007] EWCA Civ 307 the Claimants solicitors CFAs were found by the Court of Appeal to be unenforceable, with the consequence that the ATE policies were also void. The Court of Appeal then made an order that the solicitors, Ollerenshaws, pay 50% of the Defendant s costs of the appeal. Relevant factors seem to have been the following: (a) (b) the Court of Appeal inferred that the main reason why the appeal was launched was to protect the solicitors claim to their profit costs: at stake on the appeal for the individual claimants was the disbursements of approximately 2,500 each; so far as the solicitors were concerned, it was their profit costs of approximately 12,000-16,000 in the four cases, but more significantly these were four test cases out of approximately 60 case, so that their profit costs in the region of 200,000 in all those cases were at stake; the solicitors liability was reduced to take into account the fact that they had not been given earlier notice of the possibility of the application for a costs order against a non-party. This despite the fact 4

5 that the solicitors could not apparently say whether such notice would have made any difference: [counsel for Ollerenshaws] did not tell us whether, if they had received such a warning at an early stage, Ollerenshaws would have abandoned the appeal. The fact that Ollerenshaws have not felt able to say that this is what they would have done leads me to conclude that it is unlikely that, faced with such a warning, they would have abandoned the appeal. Nevertheless, they were denied the opportunity of taking that course. 9. Lloyd LJ stated that the relevance of the case was limited to cases where litigation was funded by a CFA and the issue was enforceability of the CFA. However it is difficult to see why the application of the case should be limited in that way, and it has certainly been applied in subsequent cases. 10. In Clarke v Oldham (Oldham County Court ) HHJ Armitage QC considered Myatt and stated: In Myatt the Court of Appeal apportioned the costs liability in accordance with a rough and ready assessment of the financial stakes of the claimants and their solicitors. I adopt a different approach. It seems to me that where, as here, a single claim is pursued by two parties whose interests are at least publicly inseparable, the liability should be joint and several. I consider that this analysis of Myatt is incorrect: the main factor in apportioning liability for the costs to the solicitors seems to have been the fact that they were not put on notice of the applications, rather than a relative assessment of the financial stakes: in Myatt the Court of Appeal concluded that the solicitors had a far greater financial stake, so if that was the critical 5

6 factor, it would be surprising that they were not ordered to pay a substantially higher percentage. 11. In the Clarke v Oldham case, an order for costs was made against the solicitors, Smith Jones, because: 34. The evidence leads me to the conclusions that Smith Jones pursued this litigation without ATE insurance, without their client's express instructions to do so in the changed circumstances of Insurance having been refused and that, when an adverse costs order was made, the solicitors funded the modest debt without reference to or instructions from the claimant. 35. I am satisfied that Smith Jones had a financial interest in the litigation, namely their profit costs, which they were prepared to pursue without telling their client that she did not have the protection of Insurance which they had advised was desirable. In the event the claimant was unaware of her risk on costs, which she was running in part to allow the solicitors to pursue their chance of "success" which would have enabled them to recover their reasonable ordinary and agreed success fees from the defendants. Even if she was aware of the risk the claim was pursued for the benefit of both. Each had a financial stake in the successful prosecution of the claim. The stakes were different. For the claimant the stake was a modest sum of damages (which would normally be undertaken without risk as to costs). For the solicitors, the stake was profit costs, which in the event, could only be obtained if the adverse costs order was financed by them - or so they treated it. 6

7 I am satisfied that the modest sum advanced by them to cover the adverse costs order was advanced to ensure the continuation of the claim (for their joint benefit). I am satisfied that they had no intention of seeking to recover that sum from the claimant, even if the claim had succeeded. 14. In Adris v RBS [2010] Costs LR 598 the solicitors, CCLS, similarly failed to obtain ATE insurance and to tell their clients. It was held by HHJ Waksman, sitting as a High Court Judge, at paragraph 43: In my judgment, an NPCO against CCLS is clearly justified for the following simple reason. As already explained above, it was the responsibility of CCLS to obtained ATE insurance for its clients. Not only did it fail to do so, it failed to tell them and was effectively acting without instructions. It is obvious that if the clients had been told the true position they are likely to have instructed CCLS not to progress the claims. As no insurance was ever obtained for any client the overwhelming likelihood is that if CCLS had acted as it should have done these cases would not have been issued or progressed and the costs then incurred by the Defendants would not have been incurred. There is a direct causal link between the defaults of CCLS (ie Mr Burley) and the costs generated by those cases...it must also follow that Mr Burley through CCLS was in a very real sense controlling the litigation since decisions were being taken without proper instructions from the clients and I do not accept that anyone else was controlling it. 15. In a very recent case of Heron v TNT and Mackrell Turner Garrett (Guildford County Court ) HHJ Reid QC had to consider the following allegations against solicitors MTG: 7

8 (a) (b) (c) (d) (e) MTG stood to gain substantial financial benefit from the case in terms of profit costs and success fee; MTG had substantial control over the manner in which the case developed and progressed; the solicitors paid disbursements without securing prior funding from the client; MTG negligently failed to obtain ATE insurance so the Claimant was inhibited from settling case once unfavourable medical evidence was obtained; MTG had an undeclared conflict of interest (as failure to obtain ATE insurance) so motivated to press on in hope of winning; otherwise they would have been able to terminate the CFA; MTG failed to provide competent advice to its client. 16. The judge dismissed the application for a costs order against MTG. Although only a first instance county court decision, the well-reasoned judgment is persuasive. HHJ Reid QC found that: (a) (b) It will generally be relevant to the court s exercise of the discretion whether the non-party is responsible for the litigation taking place and caused the successful litigant to incur costs which he would not otherwise have incurred ; it is important to warn the potential respondent to a NCPO application as early as practicable, so as to give him a reasonable opportunity for deciding whether or not to continue with the proceedings. Failure to do this should be taken into account in deciding whether (and if so to what extent) an order should be made against the non-party. 8

9 (c) (d) (e) (f) (g) unlike Adris and Clarke, the Claimant was not promised ATE insurance, and was warned of the costs consequences of failing to beat the offers made; there was no evidence that the solicitor appreciated the conflict of interest or that it motivated him to conduct the litigation as he did; there was no evidence to suggest conscious impropriety, rather than ineptitude; simply standing to gain financially from the litigation is insufficient as that would always be the case with a solicitor acting on a CFA, there must be additional factors; it was noteworthy that in the end MTG was willing to forego all its profit costs in an effort to assist the client in settling the case; the solicitor did not have substantial control over the litigation; the reality of the situation was demonstrated by the client s decision to withdraw a Part 36 offer against the advice he was receiving; although MTG paid some disbursements, this was not a case in which MTG was paying out of its office account with no expectation of recovering the disbursements from the client, and the client had in fact discharged substantial sums, albeit that substantial sums remained to be met. Conclusions 16. I would suggest that particular features emerge from the caselaw as follows: (a) careful consideration needs to be given by the solicitors to ensure that the level of ATE cover is adequate (of course, in addition to the relevance to third party costs orders, I have seen a number of instances 9

10 recently where this has been the subject of a negligence claim by the client against the solicitor) (b) (c) (d) the solicitors need to think carefully about the level of disbursements they are funding and to keep under review how, realistically, they expect to recover those disbursements from the client if the claim fails; although causation as such (in the sense used in a negligence claim) is not expressly one of the issues in a third party costs order application, the court must consider as part of its discretion whether the solicitor was responsible for the litigation taking place; there may well be scope for solicitors to argue that some or all of the costs would have been incurred in any event, for example where a client would still have continued with the litigation in person if the solicitors had not funded his claim; giving notice of the possible third party costs order application as early is possible is clearly very important for the party seeking the order; if it does not do so, the respondent solicitor may well have significant scope for arguing that it should not be liable for all or part of the costs sought; I anticipate that there will be further litigation over what reduction should be made according to the extent to which giving notice earlier would have cause the respondent solicitor to act any differently. Stephen Innes 4 New Square 25 July

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot

More information

Open, Calderbank and Part 36 offers considerations and tactics

Open, Calderbank and Part 36 offers considerations and tactics Open, Calderbank and Part 36 offers considerations and tactics PJ Kirby QC 1. Introduction 1.1 In detailed assessment proceedings there will, as in all disputes, be advantages in settling the matter in

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

professional negligence:

professional negligence: professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court

More information

Pg. 01 French v Carter Lemon Camerons LLP

Pg. 01 French v Carter Lemon Camerons LLP Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

CFAs & ATE Policies Implications for Professional Indemnity Market

CFAs & ATE Policies Implications for Professional Indemnity Market CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury

More information

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE GITC REVIEW VOL.XIII NO.1 ~ DECEMBER 2014 BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE by Michael Thomas It is a sobering thought that those of us who give tax advice are potentially one slip away from

More information

The New CFA and DBA Regime. Simon Edwards

The New CFA and DBA Regime. Simon Edwards The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales

Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

When is an interest not an interest?

When is an interest not an interest? When is an interest not an interest? Last month s Personal Injury Law Journal examined the continuing uncertainty in relation to challenges to the validity of Conditional Fee Agreements (CFAs) where the

More information

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10 JUDGMENT : Mr. Justice Teare : Commercial Court. 10 th July 2008. 1. This is an application by the Defendant to set aside the order made by Walker J. on 14 March 2008 in which he granted permission for

More information

BEAT THE QOCS: costs in personal injury claims following Jackson

BEAT THE QOCS: costs in personal injury claims following Jackson BEAT THE QOCS: costs in personal injury claims following Jackson Patrick West, St John s Chambers Published on 9th March 2015 Patrick West looks at the growing impact of one of the most important costs

More information

Financing and refinancing in s11 of the Consumer Credit Act 1974: Consolidated Finance Ltd v Collins [2013] EWCA Civ 475

Financing and refinancing in s11 of the Consumer Credit Act 1974: Consolidated Finance Ltd v Collins [2013] EWCA Civ 475 Alerter Finance and Consumer Credit 8 May 2013 Financing and refinancing in s11 of the Consumer Credit Act 1974: Consolidated Finance Ltd v Collins [2013] EWCA Civ 475 In a judgment handed down today,

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

Jackson, Costs & Funding:

Jackson, Costs & Funding: Jackson, Costs & Funding: Attract & Retain Clients, Increase Billable Hours, Maximise Profits A CPD-accredited Seminar from 1 Mark Beaumont London office 1 Topics The Jackson Reforms Costs Management Hourly

More information

The Jackson Reforms Jan Thompson, Director

The Jackson Reforms Jan Thompson, Director The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord

More information

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

More information

MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET

MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET MOTOR INSURANCE LAW & PRACTICE COSTS AND FUNDING UPDATE KATHARINE SCOTT 39 ESSEX STREET INTRODUCTION 1 This paper is concerned with the following issues: (i) (ii) (iii) (iv) (v) When it is appropriate

More information

NOTES on Funding Your Claim

NOTES on Funding Your Claim NOTES on Funding Your Claim Funding is important because with some forms of funding you might be required to pay costs (either to us or to the defendant). As such, we set out the options. For the reasons

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Funding Law Suits in Offshore Jurisdictions

Funding Law Suits in Offshore Jurisdictions Funding Law Suits in Offshore Jurisdictions Nigel Sanders, Ogier Introduction The funding of lawsuits is a perennial issue in many jurisdictions, particularly those offshore jurisdictions where there are

More information

Guide to litigation costs and funding

Guide to litigation costs and funding Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event

More information

IMF (Australia) Ltd. Combined Financial Services Guide and Product Disclosure Statement

IMF (Australia) Ltd. Combined Financial Services Guide and Product Disclosure Statement IMF (Australia) Ltd Combined Financial Services Guide and Product Disclosure Statement Dated the 18th day of January 2010 FINANCIAL SERVICES GUIDE & PRODUCT DISCLOSURE STATEMENT PAGE 2 1. Introduction

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE

LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE 1. Executive summary The Bar Council s proposals for Part 2: Civil litigation funding and costs 1.1. The Bar Council

More information

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA

IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA 1 NOT REPORTABLE IN THE SOUTH GAUTENG HIGH COURT OF SOUTH AFRICA JOHANNESBURG CASE NO: 46854/2009 DATE: 29/04/2011 DELETE WHICHEVER IS NOT APPLICABLE REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO

More information

Hickman v Lapthorn [2006] ADR.L.R. 01/17

Hickman v Lapthorn [2006] ADR.L.R. 01/17 JUDGMENT : The Hon. Mr. Justice Jack : QBD. 17 th January 2006 1. This was a claim against solicitors and counsel for negligence in advising the claimant to settle at too low a value his claim arising

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION

WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION WHY YOU SHOULDN T DISCLOSE ALL MEDICAL RECORDS IN PERSONAL INJURY LITIGATION By Justin Valentine 6 th April 2014 This publication is intended to provide general guidance only. It is not intended to constitute

More information

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms

THE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models

More information

Litigation by insolvent companies:

Litigation by insolvent companies: Litigation by insolvent companies: issues to consider before starting a claim Resource type: Practice note Status: 25 July 2012 Jurisdictions: England, Wales This document is published by Practical Law

More information

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between :

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2014] EWHC 3848 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION 1 Case No: HC12A02388 Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: Tuesday,

More information

DISHONESTY & PERSONAL INJURY LITIGATION

DISHONESTY & PERSONAL INJURY LITIGATION DISHONESTY & PERSONAL INJURY LITIGATION Julian Benson, Guildhall Chambers The effects of your client s dishonesty on you and what you can do about it There are myriad ways in which dishonesty can arise

More information

Analysis: Scotland & Reast v British Credit Trust Ltd

Analysis: Scotland & Reast v British Credit Trust Ltd ANALYSIS: SCOTLAND & REAST V BRITISH CREDIT TRUST LTD BY THOMAS SAMUELS Analysis: Scotland & Reast v British Credit Trust Ltd By Thomas Samuels Barrister, Gough Square Chambers PAYMENT PROTECTION INSURANCE

More information

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

PERSONAL INJURY Alert

PERSONAL INJURY Alert A weekly news bulletin from Greenwoods Issue 351: 9 May 2013 In this issue - Limitation - Provisional Damages - Costs - From within Greenwoods - A Caged Accident? Seminars - An Audience With... Bristol

More information

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011).

JENNIFER LEE. Withdrawal of Pre- Action Admissions: Woodland v Stopford, PIBULJ (July 2011). JENNIFER LEE Call Year: 2007 Practice Profile Jennifer represents both Claimants and Defendants in cases involving general commercial disputes, employment disputes, bankruptcy/winding up, landlord and

More information

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010)

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010) Proposals for Reform of Civil Litigation Funding Implementation of LJ Jacksons recommendations (Consultation paper 13/10 November 2010) Following Lord Justice Jacksons report, the Ministry of Justice is

More information

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett

Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants

More information

The Litigation Advantage Scheme

The Litigation Advantage Scheme After the Event Insurance for Clinical Negligence The Litigation Advantage Scheme from Temple Legal Protection We have been using Temple as providers of ATE insurance since 2001. The Scheme has worked

More information

How To Find Out If You Can Pay A Worker Under The Cfa

How To Find Out If You Can Pay A Worker Under The Cfa Neutral Citation Number: [2015] EWCA Civ 415 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM BRISTOL COUNTY COURT (HIS HONOUR JUDGE DENYER QC) A2/2014/0127 Royal Courts of Justice Strand London,

More information

Conditional Fee Agreement (CFA)

Conditional Fee Agreement (CFA) Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Pre-action Conduct of Litigation

Pre-action Conduct of Litigation Chapter 2: Pre-action Conduct of Litigation Outline 2.1 Introduction 2.2 Financing litigation 2.3 Pre-action protocols and the Practice- Direction on Pre-Action Conduct and Protocols 2.4 Protocols relevant

More information

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert Practice and Procedure for Claimants and Defendants in Credit-Hire Cases William Hibbert Adapting procedure to credit hire Credit hire cases are of course subject to the standard rules of practice and

More information

Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited

Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited Alerter Banking, Finance and Consumer Credit 3 June 2015 Summary Disposal of Unfair Relationships Claims: Axton & Axton v GE Money Mortgages Limited and another [2015] EWHC 1343 By Judgment on appeal 1.

More information

Code Amendments Legal Advice Centres

Code Amendments Legal Advice Centres Code Amendments Legal Advice Centres The Bar Standards Board would like to make the following amendments to the Code of Conduct using the de minimus process if possible: 1) An amendment to rule 807 in

More information

Before : PRESIDENT OF THE QUEEN'S BENCH DIVISION LADY JUSTICE SMITH and LORD JUSTICE AIKENS - - - - - - - - - - - - - - - - - - - - - Between :

Before : PRESIDENT OF THE QUEEN'S BENCH DIVISION LADY JUSTICE SMITH and LORD JUSTICE AIKENS - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2011] EWCA Civ 107 IN THE HIGH COURT OF JUSTICE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM QUEEN S BENCH DIVISION THE HON MR JUSTICE EADY HQ09X02747 Before : Case No: A2/2010/1562

More information

Appendix two. Case law relating to the recoverability of ATE premiums

Appendix two. Case law relating to the recoverability of ATE premiums Keith Hayward 1 Appendix two Case law relating to the recoverability of ATE premiums Callery v Gray 1 and 2 [2001] (CA) The Issues: The Court of Appeal considered at what stage in a personal injury claim

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09 Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

Damages Based Agreements: The Basics

Damages Based Agreements: The Basics Damages Based Agreements: The Basics The main provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on the 1st April 2013 and promise to herald a major change

More information

There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work.

There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work. First published in the Solicitors Journal April 2011 Let us not bend with the remover to remove There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

Role of Executors (and Trustees) in claims

Role of Executors (and Trustees) in claims Role of Executors (and Trustees) in claims The role of executors in claims against an estate depends very much on the type of claim being advanced. As we can see in the presentation, executors often feel

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

CONSULTATION QUESTIONS

CONSULTATION QUESTIONS CONSULTATION QUESTIONS CHAPTER 1: PROPOSALS ARISING FROM SHERIFF PRINCIPAL TAYLOR S REVIEW A. SPECULATIVE FEE AGREEMENTS 1. Do you think that a lack of cap on speculative fee agreements prevents potential

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED Before: LORD JUSTICE SWINTON THOMAS And LORD JUSTICE BROOKE [2000] EWCA Civ 5566 Litigation

More information

EMPLOYMENT TRIBUNAL HAS JURISDICTION TO HEAR LIMITED COMPANY S CLAIM FOR DISCRIMINATION

EMPLOYMENT TRIBUNAL HAS JURISDICTION TO HEAR LIMITED COMPANY S CLAIM FOR DISCRIMINATION EMPLOYMENT TRIBUNAL HAS JURISDICTION TO HEAR LIMITED COMPANY S CLAIM FOR DISCRIMINATION In the first judgment of its type, an Employment Tribunal has ruled that it has jurisdiction to hear a claim for

More information

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants

More information

scrutiny: Essential Guide to CRU Benefits and Appeals

scrutiny: Essential Guide to CRU Benefits and Appeals scrutiny: Essential Guide to CRU Benefits and Appeals Introduction In writing this guide, we had in mind a broad spectrum of readers from the novice (for whom some of this may be new) through to the more

More information

IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) Before: MASTER GORDON-SAKER B R I A N P R I E S T

IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) Before: MASTER GORDON-SAKER B R I A N P R I E S T IN THE HIGH COURT OF JUSTICE (SUPREME COURT COSTS OFFICE) HQ07X02947. Supreme Court Costs Office, Clifford s Inn, Fetter Lane, London EC4A 1DQ. Monday, 13 th July 2009. Before: MASTER GORDON-SAKER B R

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK COST AND FEE ALLOCATION IN CIVIL PROCEDURE: REPORT FOR ENGLAND AND WALES Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK INTRODUCTION This short report deals with the areas

More information

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims This is the first of our revamped monthly updates with its focus on disease issues. The aim is to provide a quick snapshot of topical issues and recent cases for the busy Disease Practitioner. We always

More information

Third Party Claims against Insurers The Irish Position. Key facts: Introduction. For further information please contact. The Irish Position

Third Party Claims against Insurers The Irish Position. Key facts: Introduction. For further information please contact. The Irish Position Third Party Claims against Insurers The Irish Position Key facts: There is no equivalent legislation to the UK Third Parties (Rights against Insures) Act 1930. Section 62 was designed to protect an injured

More information

Increasing the risk of injury and proof of causation on the balance of probabilities. Sandy Steel

Increasing the risk of injury and proof of causation on the balance of probabilities. Sandy Steel Increasing the risk of injury and proof of causation on the balance of probabilities Sandy Steel A risk is a probability of a negative outcome. 1 The concept of risk plays several distinct roles in relation

More information

How To Get After The Event Insurance For Clinical Negligence Litigation

How To Get After The Event Insurance For Clinical Negligence Litigation After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance

More information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689 EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of

More information

The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May.

The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. June 2009 The eagerly awaited preliminary report on civil costs by Lord Justice Jackson was published on 8 May. In a month understandably dominated by Jackson, another key development very nearly slipped

More information

PERSONAL INJURY Alert

PERSONAL INJURY Alert A weekly news bulletin from Greenwoods Issue 292: 17 November 2011 In this issue - When is an insurer entitled to adopt Article 75 status? - Vicarious Liability - Procedure/interim payment application

More information

The Cambridge Law Test: Specimen Questions

The Cambridge Law Test: Specimen Questions The Cambridge Law Test: Specimen Questions All applicants who sit the test in Cambridge will be asked to answer one question in one hour. Individual Colleges will select, from a centrally-set bank of questions,

More information

Claims As Commodities Paying For Claims Robert Marven

Claims As Commodities Paying For Claims Robert Marven Claims as Commodities Paying for Claims Robert Marven It is now established that any private law right of action (eg claim in tort, for breach of contract, in restitution, or claim for property) is a chose

More information

INSOLVENT DEFENDANTS AND CLAIMANTS. 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that

INSOLVENT DEFENDANTS AND CLAIMANTS. 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that INSOLVENT DEFENDANTS AND CLAIMANTS Insolvent Defendants Corporate Insolvency Dissolution 1. Corporate bodies (limited companies or LLPs) have a separate legal identity that ceases to exist upon dissolution.

More information

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT

More information

Legal Watch: Personal Injury. February 2014 Issue 007

Legal Watch: Personal Injury. February 2014 Issue 007 Legal Watch: Personal Injury February 2014 Issue 007 Civil Procedure/Compliance with Directions Almost every day brings more post Jackson/Mitchell cases. Although these are non-personal injury cases we

More information

Jackson how changes to the litigation landscape will affect you

Jackson how changes to the litigation landscape will affect you Jackson how changes to the litigation landscape will affect you Nick Oliver, Howes Percival & Stephen Davies QC, Guildhall Chambers June 2011 The litigation landscape The winds of change are coming.. Overview

More information

ORDER GRANTING TRAVELERS INSURANCE COMPANY / HARTFORD UNDERWRITERS INSURANCE S MOTION TO INTERVENE

ORDER GRANTING TRAVELERS INSURANCE COMPANY / HARTFORD UNDERWRITERS INSURANCE S MOTION TO INTERVENE Pulitano v. Thayer St. Associates, Inc., No. 407-9-06 Wmcv (Wesley, J., Oct. 23, 2009) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers

2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers 2011 Television Education Network Pty Ltd and Wendy Kayler-Thomson, Forte Family Lawyers Applications for Litigation Funding Orders - Recent Developments, by Wendy Kayler- Thomson, Forte Family Lawyers,

More information

MEMORANDUM ON OFFERS TO SETTLE. 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle?

MEMORANDUM ON OFFERS TO SETTLE. 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle? MEMORANDUM ON OFFERS TO SETTLE 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle? The purpose of this memorandum is to assist you in understanding

More information