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Depending on your viewpoint, an exclusivity agreement can either tie in two closely working businesses for the future good, or it can be seen as a restriction on one or both parties. Exclusive agreements are frequently used to structure arrangements in the supply, distribution and service industries, and they can make good commercial sense if used and drafted correctly.

Each side of a dispute will have a view about the risk of whether the likely financial outcome will justify the potential legal costs incurred in getting to that point. This can result in many business disputes being resolved by agreement between the parties. This can be after proceedings have already been issued in court, or before court action has started. There are several ways of making an offer to settle, each of which has differing consequences in regard to costs incurred by each party. One commonly used method, by both a claimant or defendant, is to make a formal offer to settle, called a ‘Part 36 offer’.