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Calderbank offer, settlement offer Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333 (EWCA); was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". [ 1 ] A "Calderbank Offer" can often be identified by the disclaimer " without prejudice , save as to costs".
A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. [1] In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s ...
The employer can make a "Calderbank" offer - a without prejudice letter warning that the employer thinks the claim is inflated and that costs will be sought if it wins, and offering a sum to settle, which if the employee fails to beat in his award, entitles the tribunal to consider whether refusal of the offer was unreasonable and therefore ...
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...
This should be contrasted with the privilege which attaches to without prejudice correspondence, which may not be waived without the consent of both parties. [27] A document in respect of which privilege is waived in one action cannot necessarily be used by the opposite party in a subsequent action between the same litigants unless the ...
A non-suit (British English) or nonsuit (American English) is a legal procedure. A plaintiff (or other person bringing a civil action, such as a petitioner) drops his or her suit, under certain circumstances that do not prevent another action being brought later on the same facts.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
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