Calderbank Offers Still Play A Role In English Litigation

Law360 (June 30, 2020, 3:32 PM EDT) -- The recent decision by England's High Court in MEF v. St. George's Healthcare NHS Trust [1], discussed further below, highlights one of the advantages of making a Calderbank offer rather than an offer under Part 36 of the Civil Procedure Rules. This article will explore the scenarios in which Calderbank offers might be more appropriate and advantageous to a party wishing to pursue settlement options.

A Calderbank offer is a settlement offer made either before or during legal proceedings on a "without prejudice save as to costs," or WPSATC, basis. This means that if the offer is not accepted, it cannot...

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