header-logo header-logo

Settled or not?

05 March 2020
Issue: 7877 / Categories: Features , Procedure & practice
printer mail-detail
16963
District Judge Corkill advocates the need to choose the correct method of settlement
  • Notices of discontinuance: filing, serving and specifying.
  • Consent orders: agreed terms and enforcement.
  • Tomlin orders: applications and common errors.

‘Dear Judge…this claim has settled please vacate the hearing…’. Such letters are frequently seen in our box work from solicitors particularly on claims allocated to the small claims track. Is such a letter sufficient to conclude a claim? On reading the CPR this is not one of the methods by which a claim can be concluded.

Whether a claim is allocated to the small, fast or multi-track, when a settlement has been negotiated the parties should consider which of the methods prescribed by the CPR to use. The following is a summary of the most common methods used but before choosing one of them do familiarise yourself with the relevant rule, requirements and consequences.

To be effective, the notice must be filed, served on every party, if there is more than one defendant it must specify against which of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll