References: Unreported 18 July 1958
Coram: Lord Cameron
The pursuer, a steelworker, had been diagnosed with pneumoconiosis. He had worked for a previous company, and had claimed damages from them
Held: In an exceptional case such as this, a judgment may not conclusively decide the full measure of damage for which B is liable to A, a sum agreed to be paid under a compromise may or may not represent the full measure of B’s liability to A.
This case is cited by:
- Cited – Heaton and Others -v- AXA Equity and Law Life Assurance Society plc and Another HL (House of Lords, Times 15-May-02, Bailii, [2002] UKHL 15, [2002] CPLR 475, [2002] CP Rep 52, [2003] 1 CLC 37, [2002] 2 AC 329, [2002] 2 WLR 1081, [2002] 2 All ER 961)
The claimant had settled one claim in full and final satisfaction against one party, but then sought further damages from the defendant, for issues related to a second but linked contract. The defendant claimed the benefit of the settlement.