Negotiations before going to court
Negotiating with the other side prior to going into court and agreements made by the parties before the hearing.
Before going into court
Parties to the proceedings may negotiate prior to attending the court hearing. Representatives for the parties can ask the usher to identify who else is due to attend the same hearing.
If there are facts that the parties agree upon, they can make a written admission stating the agreed facts of the case. This type of admission is called a 'pre-action admission' and should be submitted to the court in writing at least 14 days after the service of the claim form, or 14 days after the service of particulars, if served after the claim form.
Practice Direction 14 of the Civil Procedural Rules provides further information about admissions generally and how to file an admission.
Representatives for tenants and mortgage borrowers should ensure their client is aware they should not agree to an unaffordable proposal.
In cases where there is a defence that is disputed, but there is not enough time set aside at the hearing to discuss all the issues, it is often worth suggesting to the other party that the case should be adjourned to another date, with directions given by the court as to a timetable for the parties to exchange statements and evidence.
A suitable agreement may save time and possibly costs in avoiding further adjournments. It may also be possible to make an agreement about costs, especially if the defendant has a good case.
Agreements made 'at the court door'
The court will not necessarily endorse the agreement made by the parties before the hearing. In some cases, such as possession claims for secure tenancies (which cannot be ended unless it is reasonable and/or suitable accommodation is available), the court must also satisfy itself that it is reasonable to give the order requested and that it is reasonable to give an order at all.
The position as to the court's discretion is set out in statute and case law relevant to the type of case, and advisers should make sure they are familiar with this before the hearing. In practice, however, courts often do take the view that it is reasonable to endorse agreements made by the parties.
Where an agreement has been made prior to entering the court, then the representative who speaks first (usually the person representing the applicant/claimant) should inform the judge of this.
Last updated: 22 March 2021