24 April 2015 / Adam Short

Issue: 7649 / Categories: Features , Procedure & practice

printer

mail-detail

How broad is your settlement?

© Copyright LexisNexis 2026. All Rights Reserved.

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

How broad is your settlement?

© Copyright LexisNexis 2026. All Rights Reserved.

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

back-to-top-scroll