ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Christy Conlon and Nathan Barrow, Slaughter and May
or trial is run smoothly and fairly. Judges may request clarifications, provide guidance or pose questions to counsel, litigants and witnesses. The judges have discretion as to whether to deliver a judgment at the end of a hearing or trial, or to reserve it for a later date. In practice, judgments on some applications may be given at the end of the hearing, but judgments following trials are generally reserved for later. 7.8 General Timeframes for Proceedings As stated in 1.2 Court System , the courts have discre- tion in setting deadlines for each stage of proceed- ings, considering factors such as the complexity of the case and the court’s availability. It is not uncommon for straightforward commercial cases to take over a year to reach trial, with more complex cases taking significantly longer. The typical length of a trial will depend on the com- plexity of the case and the number of factual and expert witnesses. Trials can take anywhere from a few days to many months. Court approval is usually not required to settle a civil case. However, there are some exceptions, including cases involving a child or a protected party. Approval is required to settle opt-out collective pro- ceedings in the Competition Appeal Tribunal. The liti- gants must show that the settlement terms are just and reasonable. The collective settlement regime is a fast-developing area of law, with the first collective settlement being approved in 2023. 8.2 Settlement of Lawsuits and Confidentiality The fact that litigants have settled proceedings will usually be a matter of public record, not least because the claim will need to be stayed or withdrawn. How- ever, the terms of the settlement can remain confiden- tial. If the litigants wish the proceedings to be stayed except for the purpose of enforcing the terms of the settlement, they can use a so-called Tomlin order to 8. Settlement 8.1 Court Approval
record the terms of their agreement. A Tomlin order allows litigants to include the terms of their agreement in a confidential schedule. 8.3 Enforcement of Settlement Agreements The process of enforcing a settlement agreement depends on the procedure followed when the settle- ment agreement was entered into. If the original claim has been discontinued, a party seeking to enforce the terms of the settlement agreement will need to issue a new claim in order to do so. If there is a Tomlin order in place and the original claim has been stayed, the enforcement process involves the original claim being restored and an order being obtained to compel com- pliance with the relevant settlement term. If the order is made and breached, enforcement can follow in the usual way, including by an application for contempt of court. 8.4 Setting Aside Settlement Agreements As contracts, settlement agreements can be set aside due to factors such as illegality, mistake, misrepresen- tation, duress or incapacity. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The court has discretion to grant a wide range of rem- edies to the successful litigant, including damages, declarations, injunctions and specific performance. 9.2 Rules Regarding Damages The primary objective of damages in commercial cases is to compensate the claimant for the loss suf- fered and to restore them to the position they would have been in had the wrongful act not occurred. In contract and tort law, the basic rule for damages is that they should place the claimant in the position they would have been in had the contract been properly performed or the tort not been committed. Punitive damages are not commonly awarded but they may be granted in exceptional circumstances in some tort cases.
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