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SETTLEMENT: An air of finality

11 August 2016  

David Sawtell reviews the potential pitfalls and benefits of settlement agreements

Entering a settlement agreement does not always end litigation. Some parties will begin to litigate the same, or similar, issues, arguing that the claim was not contemplated at the time of the settlement agreement. Other litigants will attempt to vitiate the agreement on the grounds of duress or fraud. On occasion, some parties will attempt to re-litigate the issues in a different legal capacity. Generally, the courts have leaned against these attempts unless the claimant can show that the agreement should be rescinded or avoided.

Additional Info

  • Case(s) Referenced:

    Bank of Credit and Commerce International SA v Ali & ors [2001] UKHL 8

    Bonhams 1793 Ltd v Lawson & ors [2015] EWHC 3257 (Comm)

    Brazier v News Group Newspapers Ltd [2015] EWHC 125 (Ch)

    FoodCo UK LLP & ors v Henry Boot Developments Ltd [2010] EWHC 358 (Ch)

    Gardner v Parker [2004] EWCA Civ 781

    Johnson v Gore Wood & Co [2000] UKHL 65

    Leslie v News Group Newspapers Ltd [2016] EWCA Civ 79

    Sivagnanam v Barclays Bank plc [2015] EWHC 3985 (Comm)