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part 36 settlement offer litigation advice

Costs: The perils of making a Calderbank offer without a time limit

Once proceedings have started, it is not correct to assume that all bets are off and it is too late to accept an offer (in all circumstances). In fact, offers that are not time-limited, not withdrawn, and not a Part 36 offer are open for acceptance during a hearing (and therefore capable of acceptance when a party is in the best possible position to know what a judge will order).

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COVID-19: Government’s non-statutory guidance on responsible contractual behaviour

The Government is strongly encouraging all individuals, businesses (including funders) and public authorities to act
responsibly and fairly in the national interest in performing and enforcing their contracts, to support the response to Covid-19 and to protect jobs and the economy.

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Statement by LEXLAW re Coronavirus (COVID-19): HMRC’s Failure to Process NHS Uniformed Workers Claims for Laundering Uniforms

CORONAVIRUS (COVID-19): HMRC’S FAILURE TO PROCESS NHS UNIFORMED WORKERS CLAIMS FOR LAUNDERING UNIFORMS LONDON, UK – The HMRC Director General for Customer Services has taken and continues to…

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How will coronavirus (COVID-19) affect commercial contracts?

The global and unprecedented ramifications of the coronavirus (COVID-19) pandemic have exposed many businesses to legal complications and difficulties with their commercial contacts. How will coronavirus affect the…

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Court of Appeal: Indemnity costs order for “speculative” claims are not constrained by approved costs budget

In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…

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A Warning to Lawyers in Professional Negligence Claims: Solicitors owe a duty to warn clients of risks

A solicitor is not under a general duty to warn clients about risks relating to matters which fall outside the scope of the client retainer; a potential professional negligence claim exists where there is a failure to warn as to risks which are material to the retainer.

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Business Banking Resolution Service Pilot Launches for SMEs: Is your business eligible to apply for redress?

The Business Banking Resolution Service (BBRS) is the latest independent organisation set up to offer alternative redress for businesses that have been victim to banking misconduct. On 1…