header-logo header-logo

24 April 2015 / Adam Short
Issue: 7649 / Categories: Features , Procedure & practice
printer mail-detail

How broad is your settlement?

nlj_24_04_15_short

Don’t settle for less, says Adam Short

When parties wish to settle litigation they will often do so by reference to the claim number in that litigation. For instance, a settlement agreement may include wording such as: “In full and final settlement of the claim in proceedings number [X] the parties agree as follows.”

However, the recent case of Brazier v News Group Newspapers [2015] EWHC 125 (Ch), [2015] All ER (D) 209 (Jan) illustrates that a settlement using such wording may, in fact, result in a settlement of wider scope than the parties (or at least one of them) envisaged. As such, parties must take extra care when drafting settlement agreements to ensure that they are not settling claims they do not intend to.

The facts in Brazier

Mr Brazier was of interest to the tabloid newspapers because of his relationship with Jade Goody. In February 2012, Brazier brought a claim against News Group Newspapers (NGN) in relation to the interception of voicemail messages left on his mobile phone (now commonly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll