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05 July 2024 / Dominic Regan
Issue: 8078 / Categories: Features , Profession , Costs , Privacy
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Destination settle: keeping on track

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180611
If the destination is settlement, parties are advised to get on board at the earliest (& cheapest) opportunity, says Dominic Regan
  • Covers the benefits of making compliant Pt 36 offers, including notable cases involving late settlement.

Judges do not want to judge. They would much prefer parties to settle. It might be an oversimplification, but a trial will generally produce a winner and a loser. The winner will invariably be out of pocket because not all of their legal expenditure will be recoverable. Far better, holds the prevailing view of our senior judiciary, that a settlement bargain is struck. Sir Geoffrey Vos MR and Lord Justice Birss are passionate about alternative dispute resolution. Indeed, Sir Geoffrey wrote the Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec) judgment last autumn, which unanimously declared that judges could order parties to engage in ADR. To be on the safe side, Rules of Court are coming under the guidance of Lady Justice Asplin so that ADR will be embedded in the Civil Procedure Rules.

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