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Weighing up the cost of gambling on an out-of-court settlement

The second anniversary of Lord Woolf 's overhaul of the Civil Procedure Rules (CPR) fast approaches. It is well known that the majority of actions settle before reaching trial. As one of Lord Woolf 's aims was to promote settlement, it seems timely to review his changes to the outof-court offer regime. The lever behind offers is costs incurred by both parties, which can be considerable. The offering party tries to protect itself from costs by guessing the final damages award and pay ...

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