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Pleural Thickening is fibrous damage to the pleura (outer lining of the lungs), which causes the pleura to become thickened. This disease is often caused as a result of exposure to asbestos.

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Asbestosis is fibrosis within the lung caused by exposure to asbestos. Our specialist solicitors are on hand to guide you through the claims process.

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Mesothelioma is a tumour in the pleura (lining of the lungs) or the peritoneum (lining of the abdominal cavity). Contact us today to discuss the fast track claims procedure.

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The risk of contracting asbestos related lung cancer is related to the level of exposure to asbestos. Poole Alcock Solcitors can help you determine if you have a claim.

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Our team has extensive experience of settling claims arising from a wide variety of accidents and injuries suffered in the workplace.

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Every employer should ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.

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The loss of a loved one is one of the most difficult situations in life we have to face, and the thought of bringing a claim for compensation at this time is a difficult one.

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It is logical to think that if you are constantly carrying out the same physical task at work, such as lifting heavy boxes without a break, you may well develop a bad back.

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Common causes of road traffic accidents include other road users, poorly maintained roads, obstructions in the road and slippery surfaces. You may have suffered an injury.

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Accidents can happen at any time and in any place – in the street, at work, at the supermarket. If you think that another person or organisation was responsible for your accident then you may be entitled to compensation.

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Suffering a spinal cord injury can be a life-changing event, impacting on almost every aspect of your life. If the accident was not your fault, then financial compensation is often necessary.

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Our full administration service gives you peace of mind knowing that our professional expert solicitors are ealing with the administration and distribution of your loved one's estate.

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Poole Alcock Solicitors offer a grant only service for executors wishing to carry out the administration of the estate themself

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Our specialist team of Wills and Probate lawyers are on hand to help

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At Poole Alcock, our expertise in this sector has allowed us to help clients from all walks of life to resolve contentious probate disputes quickly and cost effectively.

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Poole Alcock solicitors are experienced in challenging Wills and can help you to make a claim for maintenance under the Inheritance Act.

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At Poole Alcock, our solicitors are highly experienced at helping clients preserve their assets. We will assess the best way to manage the risks of what you or your family have worked hard to achieve and limit your exposure.

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If you are in dispute about which school your child should attend or think that it will be in the child’s best interests to change schools it will be necessary to apply for a Specific Issue Order through the courts.

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If your child is aged under 16, it is possible to change their name by deed poll providing that all of the parties with Parental Responsibility are in agreement. However, the child’s birth certificate will not normally be changed as this is a historical record from when the child was born.

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When a child is removed from one of the parents without the other parent’s permission or a child is not returned at a pre-arranged time, it is important to act quickly to reinstate the child’s normal or pre-agreed routine.

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Whenever possible separating parties should speak to one another and make arrangements for the care of the children which are in the children’s best interests and can be worked around by both parents.

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Settlement Agreements – A Cautionary Tale

Settlement Agreements: A Cautionary Tale (Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ...

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Settlement Agreements – A Cautionary Tale

18th April 2018

News : Litigation

Settlement Agreements: A Cautionary Tale (Khanty-Mansiysk Recoveries Limited v Forsters LLP [2018] EWCA Civ 89)

Drafted properly, settlement agreements are a good way to draw a line under a particular circumstance. However done incorrectly, they can do more harm than good.

Background

A company had instructed a firm of solicitors to aid in the acquisition of an oil exploration opportunity in Russia. Part of the process was to deal with a share purchase agreement to acquire a Russian company. In 2010, the solicitors invoiced for their services but the (petroleum) company didn’t pay, and went on to change solicitors.

The director of the company provided a personal guarantee to pay a large chunk of the invoice. By 2012 it was still outstanding so the solicitors issued debt recovery proceedings against the director. In the end the director, the company and the solicitors reached a settlement agreement. In this the company and/or its director agreed to pay an agreed sum to the solicitors.

It was later found that the share purchase agreement had not been properly effected. As a result the company did not actually have the ownership it thought it had in the Russian company. Thus a claim was brought against the solicitors for breach of contract and negligence.

The legal question was whether this later claim had been dealt with by the settlement agreement signed by the solicitor, the company and the company’s director thus barring it from being pursued.

The Decision

The High Court decided that the negligence claim was covered by the settlement agreement, and so was barred and on appeal, the Court of Appeal upheld the decision of the High Court.

The Reasoning

The settlement agreement had been drafted so widely as to include not only the initial claim for the outstanding invoice of the solicitors but also ‘all or any claims’ which either of the parties had or could have had against each other, at that time or in the future, that arose ‘out of or in connection with the Action or the invoice’- even if they didn’t know such claims existed at the time of signing.

As the negligence claim was reliant on the alleged substandard performance of the same legal services the solicitors were claiming payment for in the invoice and the Action (the debt recovery proceedings brought by the solicitors), a connection existed. Thus, the claim was dismissed because it had been agreed via the settlement agreement that the sum paid would negate all rights to bring all claims which had a connection with the debt that had been outstanding (and the subsequent action brought by the solicitors).

Settlement agreements should be made with clarity and caution. It is important to ensure the agreement says exactly what you want it to say and no more. Speak to our experienced Litigation team if you require advice on any aspect of a settlement agreement.

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