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The Court of Appeal has held that a settlement agreement between a bank and a group of companies which included releases of the parties’ affiliates prevented the companies from later pursuing claims against their own affiliates. Those affiliates were held to include former administrators appointed by the bank and the administrators’ solicitors: Schofield v Smith [2022] … Read more
The High Court has held that it was within the court’s power to hand down a reserved judgment where the proceedings had settled before the draft judgment was circulated. There was no need for the court to be satisfied that there were exceptional circumstances. The proper approach was to weigh the public interest for and … Read more
The High Court has interpreted the contractual release in a settlement agreement as extending to unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims. The claimant was therefore precluded from pursuing further claims alleging deliberate wrongdoing following the receipt of what it said was new … Read more
The High Court has held that the protection attached to a chain of emails marked “without prejudice” extended to a subsequent email even though it was not so labelled. The last email plainly followed on from the prior emails seeking to resolve a dispute and there had been no clear indication that the sender wished … Read more
The High Court has held that a settlement agreement was a binding agreement which superseded a previously accepted Part 36 Offer. The settlement agreement provided a clearer basis for the recovery of costs and was “not merely an agreement memorialising the Part 36 Offer”: Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 … Read more
In the context of claims relating to an allegedly fraudulent investment scheme, the High Court has held that a settlement agreement reached between the applicant liquidators and two of the respondents did not preclude the applicants from continuing their claims against the remaining respondents: Biscoe and Baxter as Joint Liquidators of Equitable Law Capital Limited … Read more
In a recent decision, the High Court agreed not to hand down judgment where the parties had reached settlement following circulation of the draft judgment, and that settlement was conditional on the judge agreeing not to hand down judgment: Beriwala v Woodstone Properties (Birmingham) Ltd [2021] EWHC 609 (Ch). The decision helpfully summarises the court’s … Read more
In a recent decision, the Court of Appeal has overturned a deputy judge’s decision that a binding settlement agreement had been reached in inter-solicitor correspondence despite the use of the “subject to contract” label: Joanne Properties Ltd v Moneything Capital Ltd [2020] EWCA Civ 1541. The decision illustrates that, once parties have started to negotiate … Read more
The Court of Appeal has held that a claimant who beat its own Part 36 offers was entitled to the full range of enhanced awards under CPR 36.17, rather than the less generous partial award ordered by the High Court: Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374. CPR 36.17(4) provides … Read more
