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.
Held: The question of whether such a settlement would prevent any further action depended upon the particular document sought to be applied. Where the remedy wanted properly fell outside the scope of the agreement, a further action was possible. A claim for damages became liquidated by a judgement which assessed it, but a compromise agreement might not be. The agreement in this case was not to be construed so as to oust the later action.
Lord Bingham of Cornhill said in his analysis of the effect of a settlement of a claim against some, but not all, concurrent tortfeasors: ‘the agreement must be construed in its appropriate factual context. In construing it various significant points must in my opinion be borne clearly in mind: 1) The release of one concurrent tortfeasor does not have the effect in law of releasing another concurrent tortfeasor . . ‘
Lord Bingham of Cornhill, Lord Mackay of Clashfern, Lord Steyn, Lord Hope of Craighead and Lord Rodger of Earlsferry
Times 15-May-2002, [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
House of Lords, Bailii
England and Wales
Citing:
Explained – Jameson and Another v Central Electricity Generating Board and others HL 16-Dec-1998
A joint tortfeasor’s concurrent liability was discharged entirely by a full and final settlement and compromise of the claim against the other tortfeasor if in respect of the same harm. A dependency claim made by the claimant’s executors could not . .
Appeal from – Heaton and others v AXA Equity and Law Life Assurance Society Plc and Another CA 19-May-2000
Where a claimant had settled one claim with one of two joint tortfeasors on an issue which also concerned the action against the second, it was a matter for interpretation of that settlement as to whether or not the claimant could continue the . .
Cited – Steven v Broady Norman and Co 1928
. .
Cited – Crawford v Springfield Steel Co Ltd 18-Jul-1958
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 . .
Cited – Allison v KPMG Peat Marwick 2000
(New Zealand Court of Appeal) If one tortfeasor settles the victim’s claim by paying him a sum which fully satisfies his right to damages for loss and injury, the victim cannot then sue any concurrent tortfeasor for damages for the same loss and . .
Cited – Personal Representatives of Tang Man Sit v Capacious Investments Ltd PC 18-Dec-1995
The claimant, Capacious Investments Ltd, brought proceedings against Tang’s estate for damages for the loss of use and occupation, and also an account of profits and damages for loss and damage incurred, for example by encumbering the property with . .
Cited – Balfour v Archibald Baird and Sons Ltd SCS 1959
Lord Justice-Clerk Thomson said that if the pursuer ‘has invited a competent court to give him full satisfaction for the loss sustained by him and if he is awarded damages on that footing that is an end of it. He has got all he is entitled to.’ . .
Cited – Bryce v Swan Hunter Group plc 1987
The court considered the difficulties of establishing liability in negligence or breach of statutory duty against an employer for exposure to asbestos giving rise to mesothelioma. . .
Cited by:
Cited – Cape and Dalgleish v Fitzgerald and others HL 25-Apr-2002
The employee was dismissed. After a compromise of the claims and counter claims, the employers sought damages from their accountants for failing to spot the losses. The accountants then sought to recover the damages awarded from the employee, not . .
Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – L’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 . .
Cited – Gladman Commercial Properties v Fisher Hargreaves Proctor and Others CA 14-Nov-2013
The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated . .
Cited – Michael Wilson and Partners Ltd v Sinclair and Others ComC 21-Sep-2012
The claimant company alleged that the defendants had variously received assests (shares and cash) acquired by a former partner in the claimant company and held on his behalf, in breach of his obligations to the caimant partnership. The defendants . .
Lists of cited by and citing cases may be incomplete.
Damages, Contract
Leading Case
Updated: 09 November 2021; Ref: scu.170285