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Reaching an agreement should be a two-man job

Cases that inevitably settle at the court door and trials akin to an LPC exam question make Catherine Burtinshaw wonder if she's in the right profession

25 November 2013

In an ideal world, all practising solicitors would devote at least 30 minutes of each working day to scouring the legal press and digesting daily caselaw summaries. Back in the real world however, I imagine that most of us only manage a glance over the main headlines with forays into articles and cases which sound particularly pertinent to our area of law.

By way of example, a couple of months ago one of my colleagues circulated information relating to the recently decided cases of AB and another v CD Ltd and Newbury v Sun Microsystems. The moral of both is that parties should take care when negotiating the settlement of a claim to include all of the terms which they require during the negotiation process, rather than try to obtain the other side's agreement to something once an offer has already been accepted, and the deal done.

This may appear blindingly obvious at first glance, but I find on a regular basis that solicitors only raise issues s...

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