BPTC Law Notes Alternative Dispute Resolution Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Alternative Dispute Resolution Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
RECORDING THE SETTLEMENT
During the ADR process
make sure clear on instructions as to bottom line and objectives
take detailed notes
make sure clear where agreement conditional on client approval
remember: client ownership - whether and at what level to settle up to client best to have client present
Who needs to be informed of settlement?
client
clearly explain in writing to allow to understand details of agreement and regulate behaviour
obtain client consent (if agreement subject to consent)
only if proceedings have started the court (see below)
How to record
contractual principles apply to settlement agreement
when reach settlement = oral contract
write up agreed terms in fresh document, get parties to endorse
record the settlement (may be one or more):
contract / deed signed by both parties
exchange of letters
if proceedings issued + interim app interim order if relates to terms of interim app, so can take to judge for approval
if proceedings issued consent order - terms recorded in court order by judge
endorsement on briefs by both clients and both counsel - if agreement is simple; NOT suitable if terms subject to client approval (N.B. endorsement is evidence of an oral agreement, NOT a contract in itself - only between client and counsel don't rely on)
Where proceedings have been issued
MUST discontinue proceedings + inform court - several actions result in discontinuance:
judge makes order in terms agreed through consent / Tomlin order
C files notice of discontinuance (only C can do so)
costs consequences: C pays D's costs (unless CPR says otherwise)
with court's permission, C can commence fresh proceedings re: same claim
C requests that judge make order dismissing claim (= formal court decision that case should not proceed)
judge stays proceedings
consent order
order made by court on terms agreed between parties
must be expressed as being 'by consent'
must be signed by legal representatives for both parties
should cover costs; if no term as to costs, each party bears own
enforceable within existing proceedings without need to start new claim to enforce separate contract
Tomlin order (type of consent order which keeps terms confidential)
order (public + subject to CPR)
must state
further proceedings in claim to be stayed, except for purpose of carrying out terms of the compromise (in schedule)
each party has liberty to apply to court to compel compliance with terms
direction for payment + assessment of costs if amount not agreed / payment of money out of court (require involvement of the court)
schedule (confidential + subject to rules of contract)
contains terms of settlement agreement
parties can include provisions beyond limits of what court has jurisdiction to order e.g. ongoing relationships
suited to long + complex terms, as can be worded...
Buy the full version of these notes or essay plans and more in our Alternative Dispute Resolution Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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