Settlement and Part 36
This part of the topic index contains resources on settlement and Part 36. Please select the resource that you require by clicking on the relevant tab below.
5
resources
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basis and update them as soon as possible.
| 1 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 2 | Execution of deeds and documents Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009. | Practice notes | Maintained |
| 3 | Execution of documents: Companies Act 2006 A note outlining the changes to the law on execution of documents by companies under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For detailed information and sample execution clauses, see Practice note, Execution of deeds and documents. Part 4 (A company's capacity and related matters) of the 2006 Act is effective from 1 October 2009, with the exception of section 44 which came into force on 6 April 2008. | Practice notes | 06-Apr-2008 |
| 4 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 5 | Settlement: the effect of mistake on settlement agreements The effect of mistake on a settlement agreement can be disastrous for one or more of the parties to that agreement. The consequences range from the settlement agreement being declared void to the mistaken party being bound by the terms of an agreement which it did not think it was making. It is therefore important for practitioners, when documenting any settlement, to be aware of the potential impact a mistake could have on the settlement and to consider ways of avoiding the problems to which such a mistake may give rise.This note explains the different effects of mistake on settlement agreements, considers the approach which the courts have taken to mistake in settlement agreements and sets out some basic hints and tips for practitioners when drafting settlement agreements. | Practice notes | Maintained |