||All England Reporter
|| All ER (D) 60 (Apr)
|| EWCA Civ 416
||Court of Appeal, Civil Division
Mummery, Moore-Bick and Black LJJ
||Neil Kitchener QC and David Caplan (instructed by Pinsent Masons LLP) for the claimant.
||Robert Miles QC and Richard Hill (instructed by Herbert Smith LLP) for the defendant.
||2 April 2012
Practice - Compromise of action - Construction - Parties reaching settlement of action arising out of tripartite agreements - Settlement of all and any claims 'arising under or in any way connection' with the claim - Third party assigning rights against defendant to claimant - Defendant submitting assigned rights falling under terms of settlement agreement - Judge finding settlement agreement concerning rights only between claimant and defendant and not extending to rights claimant acquiring from third party - Whether judge erring.
Practice Compromise of action. The Court of Appeal, Civil Division, upheld a decision that an agreement reached between the parties in full and final settlement of all and any claims that the claimant had or might have had against the defendant, had not included rights that a third party had against the defendant and which had been assigned to the claimant. The use of the phrase 'in any way connected' in the agreement had not supported a conclusion that the parties had intended to spread the net so wide so as to compromise claims that the claimant would have been in a position to make only if he had acquired rights from the third party.
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