Apley Estates Company Limited v De Bernales and Others: 1947

The parties had settled their original dispute on terms including that: ‘the plaintiffs in the said actions will not nor will any of them sue or continue to sue the said defendants in respect of any of the matters the subject matter of the said actions or either of them . . but this agreement shall not be construed or operate as a release of any cause of action of the plaintiffs or any of them against the defendants or any of them in the said actions.’
Held: This was not a release of the plaintiffs.

Citations:

[1947] 1 Ch 217

Cited by:

CitedL’Oreal Sa and others v eBay International Ag and others ChD 15-Jul-2008
In interlouctory proceedings, Ebay sought disclosure of a Tomlin settlement reached by the claimants with a co-defendant. The claimant resisted, saying that the Tomlin order was confidential.
Held: Master Gragg said: ‘on balance it must be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 05 May 2022; Ref: scu.276223