Source: All England Reporter
Publisher Citation: [2002] All ER (D) 335 (Jul)
Court: Court of Appeal, Civil Division

Peter Gibson, Arden LJJ and Cresswell J

Representation Philip Noble (instructed by Forbes & Co, Hornchurch) for the claimant.
  James Abrahams (instructed by Williams & Cole, Walsall) for the defendants.
Judgment Dates: 23 July 2002


Practice - Compromise of action - Undertakings - Claimant accepting undertakings from defendants prohibiting passing off of claimant's goods - Letter from claimant stating undertakings not prejudicing claimant's right to sue for damages or other legal recourse if passing off continuing - Claimant issuing proceedings for passing off - Judge finding claimant's cause of action compromised by exchange of letters and undertakings - Whether judge in error.

The Case

In the instant case, on the proper construction of correspondence between the claimant and defendants, the judge had been entitled to find that the claimant's claim against the defendants in a passing off action had been settled by the exchange of letters and undertakings.

Practice Areas

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