Friday, February 13, 2009

Out of court settlement in Pinder v Fox?

I don't know anything more than what is written here:

Pinder v Fox: Blogging exclusive!

but it certainly seems consistent with the lack of verdict (which would have been due ages ago in the absence of such a settlement, I think). I hope Russ considers the outcome satisfactory, and wish him well for the future. Obviously I would have liked a clear verdict for the sake of other victims but I can't blame Russ for taking an offer.

My understanding (which may be wrong, but seems to be backed up here) is that if an offer is made and rejected and the court's final award is lower, then costs will not usually be awarded even if the plaintiff wins a substantial sum. Thus the plaintiff will usually be well advised to accept a reasonable settlement unless they are very confident, not just of "winning", but of being awarded more than the offer.

(Previous post with further links here.)

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