Source: All England Reporter
Publisher Citation: [2006] All ER (D) 18 (Apr)
Neutral Citation: [2006] EWCA Civ 375
Court: Court of Appeal, Civil Division

Brooke, Moore-Bick LJJ and Sir Peter Gibson

Representation David Railton QC and Akhil Shah (instructed by Clyde & Co) for the claimant.
  Andrew Popplewell QC and Neil Calver (instructed by Baker & McKenzie LLP) for the defendant.
Judgment Dates: 4 April 2006


Contract - Construction - Contractual agreement - Settlement agreement in respect of claim under insurance policy - Whether assured in breach of terms of settlement agreement.

The Case

The claimant insurer was entitled to recover by way of damages for breach of a settlement agreement the amount which it had paid out pursuant to that agreement in respect of a claim made by the defendant under a policy in respect of losses resulting from the failure of trade debtors to pay amounts due from them. The defendant had acted in breach of the terms of the settlement agreement by failing to pursue its claim against the debtor, by legal proceedings if necessary, to the stage at which it had established its right to recover the debt in question.

Practice Areas

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