Settlement: The beginning of the end

Rosling King LLP | The Commercial Litigation Journal | May/June 2015 #61
Georgina Squire looks at recent cases on settlement ‘Where an offer is intended to be conditional upon the conclusion of written terms, the parties should label all their correspondence “subject to contract” until the settlement agreement is signed.’It is widely recognised that the vast majority of cases are resolved before they reach the court doors. …

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Privilege: Negotiation with prejudice

Teacher Stern LLP | The Commercial Litigation Journal | January/February 2015 #59
Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …

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