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Settlement: an air of finality – Commercial Litigation Journal: July / August 2016

David Sawtell writes about the latest developments in the law on commercial compromise agreement in this month’s Commercial Litigation Journal.

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 Generally, the courts have leaned against these attempts unless the claimant can show that the agreement should be rescinded or avoided. In his article, David considers recent examples such as Leslie v News Group Newspapers Ltd [2016] EWCA Civ 79 and Sivagnanam v Barclays Bank plc [2015] EWHC 3985 (Comm) where the courts have knocked back such efforts.

David and other members of the commercial team at Lamb Chambers are happy to discuss commercial settlement agreements at a seminar conducted at your offices or in Chambers. Please contact Lamb Chambers for more details.

View the full article on lawjournals.co.uk  

David Sawtell / 1st Sep 2016


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