July 2015 Archive

Consequences of withdrawing a Part 36 offer

A Part 36 offer is a formal offer which can be used to settle all or part of an action but it is not an admission of liability. The rules surrounding Part 36 offers are contained within the Civil Procedure Rules and the aim is to encourage parties to try and settle their disputes. A party must consider any offers carefully as failure to accept a realistic offer may mean that you are at risk of being penalised in costs and interest.

The perils of unreasonable contract terms

In this, the fourth of a series of articles which looks at some of the most common perils of contracts and how to avoid them, we look at perils of unreasonable contract terms. There is what is called freedom of contract, so business people can agree whatever contract terms they want, within certain limits. Those limits depend on the type of contract terms and the types of contract in question, although certain liabilities can never be excluded.

Can I sue my solicitor for failing to advise me on the various funding options available to me?

A solicitor should always advise a client on the different types of funding options available to them, even if they are not an option for funding litigation that is offered by that firm. This obligation arises from the Solicitors’ Code of Conduct 2007.
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