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Settlement Agreement

Formerly known as a “compromise agreement”, this is a written agreement by which an employee gives up his or her entitlement to bring an employment claim or claims. The employer who is the other party generally agrees to make some form of financial payment, often provides an agreed form of reference, and may provide other […]

Skeleton argument or skeleton

A written outline summary of the key arguments to be used in court supported by references to statutes and case law. Advocates are expected to provide these for any appeals. They can also be used to assist courts as a form of written submission and for highlighting the central arguments.

Standard disclosure

Disclosing documents that are relevant to the case and not privileged. The documents required to be disclosed under standard disclosure are defined in CPR 31.6. Essentially these are all documents which either help or harm a party’s case or help or harm another party’s case. Any party to litigation has an obligation to disclose those […]

Standard of proof

The court may never know the truth, but they have to decide what to believe based on the evidence before them. Most people have heard of the standard of proof or threshold that has to be achieved in criminal trials – “beyond reasonable doubt” (or almost entirely certain) which is a high standard. In civil […]