Podcast Location:
Download it here [file size: 25.1 MB]
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to inform the listener of the motivation behind settlements, the forms which an offer to settle could take and the requirements for a valid settlement. It will also look at the case of Supershield Limited v Siemens Building Technologies FE Limited [2010] in which the Court of Appeal provides valuable guidance on the approach the courts are likely to take when asked to consider whether a settlement is “reasonable”.

Outcomes:
After completing the course you will:
  • Understand why parties will be inclined to settle a claim rather than pursue it to trial ;
  • Know the forms which an offer for settlement could take Know the requirements for a valid settlement ;
  • Understand the guidance provided by the Court of Appeal in the case of Supershield Limited v Siemens Building Technologies FE Limited [2010] on the court's approach to assessing whether a settlement is “reasonable”.
Level:
Beginner Difficulty: 1 of 5
Classification:
Introduction
Sources and References:
  • Contracts (Rights of Third Parties) Act 1999;
  • Cowl v Plymouth City Council (2001) EWCA Civ 1935 ;
  • Halsey v Milton Keynes NHS Trust and Steel and Joy (2004) EWCA Civ 576;
  • Dunnett v Railtrack plc (2002) EWCA Civ 302 ;
  • Johnson v Gore Wood & Co [2000] UKHL 65;
  • English and American Insurance Company Ltd (in a scheme of arrangement) v Axa Re SA [2006] EWHC 3323;
  • Bradford & Bingley v Rashid [2006] UKHL 37;
  • Prudential Insurance Company of America v Prudential Assurance Company Ltd Gnitrow Ltd v Cape plc [2000] 1 WLR 2327;
  • Shirley Jackson and others v Subhash Kanji Thakrar and others [2007] EWHC 271 (TCC;
  • Supershield Limited v Siemens Building Technologies FE Limited [2010] EWCA Civ 7;
  • Headley v Baxendale (1854) 9 Ex 341;
  • Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48.

This podcast is an introduction to the topic of settlements – the situation where the parties to a dispute have reached a mutually acceptable compromise.

podcast added 19/05/2010

Podcast last reviewed: 2012-01-30

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