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Compromise agreements

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  • Compromise agreements

    Hi, i am looking and would appreciate any advice on making a court application to have a previous compromise agreement removed null and void because the agreement and the facts leading up to me signing the agreement maybe questionable and against the agreement being signed in the first place.

    Any help would be appreciated..
    Tags: None

  • #2
    Re: Compromise agreements

    Hi BACK OF THE NET

    Is this an employment issue?
    If so, what is the agreement for? (Redundancy? Dismissal? Settle Tribunal claim?)
    How long ago was it?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Compromise agreements

      Originally posted by charitynjw View Post
      Hi BACK OF THE NET

      Is this an employment issue?
      If so, what is the agreement for? (Redundancy? Dismissal? Settle Tribunal claim?)
      How long ago was it?
      Good afternoon Charitynjw, no it was not to do with employment it was an agreement to compromise a disrepair claim which was made about twenty months ago.

      Comment


      • #4
        Re: Compromise agreements

        Is it a legal requirement that a solicitor also signs the agreement to confirm that advice has been giving and to make sure all the pertinent information as to advice has been considered?

        Comment


        • #5
          Re: Compromise agreements

          Ok

          Compromise agreements (now renamed settlement agreements) are a term more commonly used in employment cases, where there are specific statutory requirements.
          Would this be an out of court settlement?
          Any professional advice or involvement in the OOC agreement?
          Court mediation?
          Has something new come to light which could not have been known at the time?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Compromise agreements

            Originally posted by BACK OF THE NET View Post
            Is it a legal requirement that a solicitor also signs the agreement to confirm that advice has been giving and to make sure all the pertinent information as to advice has been considered?
            Is this the same legal issue which was discussed on your other thread where you say you believe your solicitor may have been professional negligent etc?

            http://legalbeagles.info/forums/show...557#post679557

            If so, in that thread you sought advice from a second solicitor who you say didn't advise you to pursue matters - or have I misunderstood?

            Di

            Comment


            • #7
              Re: Compromise agreements

              Originally posted by charitynjw View Post
              Ok

              Compromise agreements (now renamed settlement agreements) are a term more commonly used in employment cases, where there are specific statutory requirements.
              Would this be an out of court settlement?
              Any professional advice or involvement in the OOC agreement?
              Court mediation?
              Has something new come to light which could not have been known at the time?
              Thanks and yes this was a settlement but no court proceedings had been issued.
              Yes i had professional involvement but i was not explained nor understood the terms of the agreement.
              As there was a serious health and safety issue, risk to an electrical fire i was also forced to sign agreement as a means of compromise and for the risk to be removed.

              Comment


              • #8
                Re: Compromise agreements

                Originally posted by Diana M View Post
                Is this the same legal issue which was discussed on your other thread where you say you believe your solicitor may have been professional negligent etc?

                http://legalbeagles.info/forums/show...557#post679557

                If so, in that thread you sought advice from a second solicitor who you say didn't advise you to pursue matters - or have I misunderstood?

                Di
                Hi Di, yes this involves the same solicitor who originally acted for me, and the second solicitor advised me to pursue a claim on the grounds of professional negligence.

                Comment


                • #9
                  Re: Compromise agreements

                  Originally posted by BACK OF THE NET View Post
                  Is it a legal requirement that a solicitor also signs the agreement to confirm that advice has been giving and to make sure all the pertinent information as to advice has been considered?
                  Any help on this would be great, would a solicitor be liable to sign for a compromise agreement and would this be the agreement form between both parties ???

                  Comment


                  • #10
                    Re: Compromise agreements

                    Originally posted by BACK OF THE NET View Post
                    Any help on this would be great, would a solicitor be liable to sign for a compromise agreement and would this be the agreement form between both parties ???
                    Perhaps the best person to answer your question would be the second solicitor you instructed who has already advised you that you should pursue a claim for negligence against the first solicitor (who advised you on the settlement) .

                    Originally posted by BACK OF THE NET View Post
                    yes this involves the same solicitor who originally acted for me, and the second solicitor advised me to pursue a claim on the grounds of professional negligence.
                    Di

                    Comment


                    • #11
                      Re: Compromise agreements

                      Originally posted by Diana M View Post
                      Perhaps the best person to answer your question would be the second solicitor you instructed who has already advised you that you should pursue a claim for negligence against the first solicitor (who advised you on the settlement) .



                      Di
                      The second solicitor will not advice me for free, this is why i am posing the question on here Di, thanks.

                      Comment

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