Published on March 13, 2023
Offers to settle may be “open”. This means they can be referred to, openly, in court and especially at any final hearing. Offers to settle may also be without prejudice, which means it is not possible to refer to them openly in court except at the FDR and especially not in any final hearing.
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An undertaking is a promise given to the court or to the other party. Once an undertaking has been given to the court, it has the same effec...
