Settlement and settling disputes

Many disputes are settled. We have produced several Practice Notes and Precedents to guide you through the process of considering and conducting settlement negotiations, making different kinds of offer to settle, and drafting and interpreting settlement agreements.

For detailed guidance and Precedents on Part 36 offers, see: Part 36 offers—overview. For detailed guidance on the various forms of alternative dispute resolution (ADR), including mediation, see: ADR and dispute resolution clauses—overview and Mediation—overview and related content.

The need to seek to settle disputes

Integral to a dispute resolution lawyer’s work is achieving the settlement of disputes. In addition to the client’s own internal drivers such as relationship preservation and avoiding wasting management time, there are civil justice system drivers, not least of which are costs pressures and penalties, working to encourage parties to at least attempt to settle their disputes.

For detailed guidance on why you should actively consider settlement prospects when advising your clients with disputes, when settlement may be possible and should certainly be considered, including the consequences of failing to engage in settlement attempts, see Practice Notes:

  1. Settling disputes—what, when and why settle?

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Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

Information Law analysis: This claim relates to the scope of production and the application of the exemptions to production of personal data in responding fully to a subject access request. The Claimant, Thomas Cole (Cole), who was a student at the Defendant school, Marlborough College (the College), submitted a data subject access request (DSAR) under Article 15 of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) after he was removed from the school following his involvement in a physical altercation with another student. In this half-day case management hearing, Mr Justice Nicklin assessed whether the College was entitled to withhold, in whole or part, documents containing Cole’s personal data, rather than providing the material for inspection ahead of a two-day trial on the data protection claim expected to start in mid-2025. The court held that the College was entitled to withhold some documents (containing Cole’s personal data) on the grounds of the exemption in paragraph 16 of Schedule 2, Part 3 to the Data Protection Act 2018 (DPA 2018). In short, this exemption provides that a controller is not obliged to disclose information to a data subject where doing so involves disclosing information that relates to another individual who can be identified from that information, whether as the source of information or as the subject of such information. Written by Robyn Bond, associate at Ropes & Gray International LLP.

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